Litigation and Dispute Resolution
Bulgarian Legislation has settled a several levels of court litigation and dispute resolution.
Litigation refers to proceedings instigated between two opposing parties in order to enforce or defend a legal right. This process is usually settled by agreement between two parties, but may also be heard and decided by a jury or judge in court.
Therefore, litigation should always be treated as a last resort and even then, it is not always the best course of action to take.
Our aim is to minimise disruption for our clients, manage risk and avoid litigation where possible.
Our experience and expertise crosses a wide range of industry sectors and includes acting for international and domestic insurance companies.
Some of the clients are legal entitties, banks, financial institutions, product manufacturers, airlines, public companies, local authorities, municipalities, high net worth individuals.
Comercial Litigation in Bulgaria
Commercial litigation is a complex area of law that involves disputes between businesses. These disputes can range from breach of contract and fraud to intellectual property and employment issues. When these disputes arise, it’s important to have a basic understanding of commercial litigation to protect your business interests.
The first step in commercial litigation is to understand the legal process.
The litigation process starts typically with the filing of a complaint, which outlines the plaintiff’s claims against the defendant.
The defendant then has the opportunity to respond to the complaint and may also file a counterclaim against the plaintiff.
From there, the parties engage in a process of discovery, where they exchange information and evidence relevant to the case.
This can include depositions, written interrogatories, and requests for documents.
Once discovery is complete, the case will move towards trial or settlement.
In a trial, the parties will present their arguments and evidence to a judge or jury, who will then make a decision based on the facts of the case.
Alternatively, the parties may choose to settle the case out of court, typically through mediation or arbitration.
One of the most important aspects of commercial litigation is choosing the right attorney.
You’ll want to find an attorney who has experience in commercial litigation and who understands the unique challenges of this area of law.
Your attorney should be able to advise you on the strengths and weaknesses of your case, as well as the potential costs and risks involved in going to trial.
Another important consideration is the cost of commercial litigation.
The process of litigation can be expensive, with legal fees, court costs, and other expenses quickly adding up.
It’s important to have a clear understanding of the potential costs involved in your case and to work with your attorney to develop a strategy that minimizes these costs while still protecting your business interests.
In conclusion, commercial litigation is a complex area of law that requires a thorough understanding of the legal process and the unique challenges of business disputes.
If you are facing a commercial dispute, it’s important to work with an experienced attorney who can help you navigate this process and protect your business interests.
With experts in court litigation and dispute resolution, including arbitration and mediation will supoort every single client
Our legal team is equipped to provide a full range of innovative and cost-effective options that meet the needs of each specific case.
Whatever the nature of the dispute, our lawyers take a proactive, responsive, diligent and commercial attitude, focusing on achieving the best possible outcome for our client.
Court litigation and dispute resolution.
We protect and further our clients’ interests vigorously, while remaining sensitive to their commercial relationships in Bulgaria
The first instance court litigation in Bulgaria involves the investigation and filling up the statement of claim.
During the first stage of the litigation in Bulgaria, a lawyer starts the investigation of the factual basis of the claim and the legal theories of liability.
After the claim is filed together with all available written evidences
The defendant party in the litigation process in Bulgaria shall be officially notified by the court
Usually it denies the allegations, filed by the offender party and denies any liability for the claim.
The judge shall schedule open court hearings for the litigation in Bulgaria
The witnesses and experts appointed by the court may be questioned by the judge and the parties.
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facts on the case of the litigation in Bulgaria are clear, the parties present their final oral arguments, and the case is closed.
- Labour remuneration claims.
- Claims for damages and liquidated damages resulting from non-performance of contracts.
- Claims for rent, interest and other scheduled payments.
The limitation period runs from the day the claim becomes actionable.
The first court instance of the litigation in Bulgaria may take one to three years depending on the complexity of the dispute.
The second instance for court litigation and dispute resolution – the regional court
Within two weeks after the court desicion has been delivered the parties have an options to appeal it before the next instance.
Under certain conditions the panel of three judges may allow new written and oral evidence.
Whether you are hoping to recover losses or otherwise seek redress as an individual, or on behalf of a business, your legal team should guide you to consider all options
Our suggestions are based on a clear understanding of timescales and costs.
We can help you to get the best possible outcome, in or out of court.
Enlisting the help of resolution solicitors to assist with disputes is vital as all parties will receive expert advice on both how the dispute should progress and how to resolve the dispute in the most appropriate way.
The third final stage of court litigation in Bulgaria is the cassation stage, which in contrast to the previous stages is not applicable to all cases.
Both parties are entitled to file a cassation appeal, however, the Supreme Court decides which cases will be heard depending on their subject matter
The cassation decision of the litigation in Bulgaria is mandatory not only for the parties but also for the judges when deciding on similar cases.
Execution stage of court Litigation and Dispute Resolution
The fourth and last stage of the court litigation in Bulgaria is the execution of the final decision on the case.
A writt of execution shall be issued by the court, then public and private bailiffs are vested with enforcement powers.
In case the debtor does not pay voluntarily, the bailiff shall attach and sell its property until the final satisfaction of the creditor
Execution tends to be more successful if the creditor has been granted interim relief prior or during the court litigation stages securing its claim in advance.
