ДЛЪЖЕН ЛИ Е АРБИТРАЖНИЯТ СЪД ДА СЛЕДИ ЗА НИЩОЖНОСТ НА СДЕЛКИТЕ, КОИТО СА ОТ ЗНАЧЕНИЕ ЗА РЕШАВАНЕ НА ПРАВНИЯ СПОР?
IS THE ARBITRAL TRIBUNAL OBLIGED TO MONITOR THE NULLITY OF THE TRANSACTIONS THAT ARE RELEVANT FOR THE RESOLUTION OF THE LEGAL DISPUTE?

Summary/Abstract: Arbitration is a private means of settling disputes based on an explicit agreement by the parties involved in the proceedings. It is an opportunity provided by the law for the parties to determine the court procedure and the applicable laws. The last two are a manifestation of the strengthened dispositive principle in arbitration proceedings. At the same time, the arbitrators should be guided by the principle of legality when rendering the arbitration decision - they should consider and decide the cases according to the exact meaning of the laws. If the court decision is based on a void contract, this would have as a result the violation of the principle of legality. The arbitral tribunal should examine the possible grounds for nullity of the contract even when there is no reference to them made by the interested party. It should examine whether the contract is against the law or the moral values in the society, whether it has an unlawful object or lacks essential elements required for its validity. Given the evidence presented in the case, the court, if it finds a lack of consent or simulation of the will of the parties, should indicate in the reasons for its decision the existence of the corresponding grounds for nullity of the contract.

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