The validity of the arbitration agreement as grounds for refusal of an arbitral award – recent case law and developments in Bulgaria and other jurisdictions
The validity of the arbitration agreement as grounds for refusal of an arbitral award – recent case law and developments in Bulgaria and other jurisdictions

Summary/Abstract: A validly concluded arbitration agreement ensures the validity of the arbitration proceedings themselves and establishes the jurisdiction of an arbitral tribunal. Upon concluding a valid arbitration agreement between bona fide parties to the contract, arbitral proceedings can be carried out accordingly, and the rendered award should not be subject to additional court interpretation, setting aside or refusal for enforcement. However, the invalidity of the arbitration agreement, being one of the exhaustively listed grounds for refusal of recognition and enforcement of foreign arbitral awards, is among the most invoked defences under the New York Convention. Being one of the most successful instruments in recognition and enforcement proceedings and given its long history, the New York Convention has been applied and interpreted in various jurisdictions across the globe, with the interpretation of judges not always being unanimous. The author’s objective is mainly to focus on the invalidity of the arbitration agreement as a defence under the New York Convention, whereas the aspect for additional interpretations by the courts, including regarding the concept of lis pendens, despite a validly concluded arbitration agreement, is also considered. This article additionally analyses case law of the Bulgarian courts, as well as case law in other jurisdictions.

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