Отмяна на арбитражно решение на основание чл. 47, ал. 1, т. 1 от ЗМТА
Setting Aside of Arbitral Award on the Grounds of Art. 47, Par. 1, It. 1 of the International Commercial Arbitration Act

Author(s): Svetoslav Pandilov
Subject(s): Law, Constitution, Jurisprudence, Sociology of Law, Commercial Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: setting aside of arbitral award; incapacity; conclusion of arbitration agreement; invalidity; UNCITRAL Model Law
Summary/Abstract: The paper is dedicated to the grounds for setting aside of an arbitral award under Art. 47, par. 1, item 1 ZMTA - incapacity of a party to the arbitration agreement at the time of its conclusion. Its field of application has been analyzed, distinguishing it from the invalid arbitration agreements under Art. 47, par. 1, item 2 ZMTA. The cases of conclusion of an arbitration agreement by a person who was not deprived of legal capacity, but could not understand or direct his actions, are examined. The questions which of the parties can refer to the incapacity and whether an objection should be made in this sense before the arbitration in order to be able to subsequently claim the setting aside on the grounds of Art. 47, para. 1, item 1 ZMTA, are also reviewed.

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