„ПРОТИВОРЕЧИЕ С ОБЩЕСТВЕНИЯ РЕД“ КАТО ОСНОВАНИЕ ЗА ОТМЯНА НА АРБИТРАЖНОТО РЕШЕНИЕ ПО ЧЛ. 47, АЛ. 1, Т. 3 ЗА – ИМА ЛИ МЯСТО В ЗАКОНА?
„CONTRADICTION WITH PUBLIC ORDER“ AS GROUNDS FOR SETTING ASIDE AN ARBITRAL AWARD UNDER ARTICLE 47(1)(3) OF THE ARBITRATION ACT – IS THERE A PLACE FOR IT IN THE LAW?

Summary/Abstract: This article analyzes the reinstatement of the ground "contradiction of the arbitral award with public policy in the Republic of Bulgaria" as a ground for annulment under Article 47, paragraph 1, item 3 of the Arbitration Act after the amendments of 2025. The reasons for the legislative change are examined in the context of frequent abuses in arbitration practice, and the question of its real practical significance as a guarantee for the protection of the parties' rights is raised. A historical and comparative legal review of the development of the regulation is carried out, including a comparison with the UNCITRAL Model Law and the New York Convention. Particular attention is paid to the content of the concept of "public policy" and the criteria under which procedural violations and violations of the right of defense may justify the annulment of an arbitral award. The publication argues that not all defects of a nullity nature can be excluded from judicial review and that it is necessary to rethink the relationship between the nullity and revocability of an arbitral award in order to ensure the rule of law and effective judicial protection.

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