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Бахрамова Мохинур
Тошкент давлат юридик университета "Интеллектуал мулк хукуки" кафедрасининг катта укитувчиси
ORCID: 0000-0001-8686-6005 E-mail: mokhinurbakhramova@gmail.com
ДАВЛАТ СУДИНИНГ АРБИТРАЖ ЮРИСДИКЦИЯСИ МАСАЛАЛАРИДАГИ УРНИ
Аннотация. Халцаро арбитраж халцаро тижорат, савдо ва инвестицияларнинг деярли барча соуаларида ишбилармон шериклар уртасидаги низоларни уал цилишнинг энг мацбул усули уисобланади. Халцаро арбитраж низоларини уал цилишнинг тартиби томонларга узларининг низоларини шахсий, махфий, молиявий ва ицтисодий тартибда узлари танлаган нейтрал судда уал цилиш имкониятини беради. Муаллиф низоларни уал цилиш воситаси сифатида халцаро арбитражни энг мууим муассаса сифатида белгилайди. Мацолада томонларнинг арбитраж битими шартлари ва арбитраж тартибида куриб чицилган иш натижаларига риоя цилинишига ишонч даражасини аницлаш зарурлиги курсатилган. Мацола якунига кура муаллиф тегишли хулосалар цилган.
Калит сузлар: арбитраж, ваколатли суд, Узбекистон Республикаси Фуцаролик процессуал кодекси, UNCITRAL намунавий цонуни, ууцуцни цуллаш, Арбитраж ва келишув тартиб-таомиллари тугрисидаги цонун, White & Case LLP компанияси билан суров, ГАТТ шартномаси, Савдо-саноат палатаси.
Бахрамова Мохинур
старший преподаватель кафедры "Право интеллектуальной собственности" Ташкентского государственного юридического университета
РОЛЬ ГОСУДАРСТВЕННОГО СУДА В ВОПРОСАХ ЮРИСДИКЦИИ АРБИТРАЖА
Аннотация. Международный арбитраж стал самым приемлемым способом разрешения споров между деловыми партнерами практически во всех сферах международной торговли, коммерции и инвестиций. Процедура разрешения международного арбитражного спора позволяет сторонам разрешать свои споры в личном, конфиденциальном, экономическом и экономичном порядке в нейтральном суде по их выбору. Автор определяет арбитраж как важнейший институт, как средство разрешения споров. При этом в статье указывается необходимость определения степени уверенности сторон в том, что условия арбитражного соглашения и результаты арбитража будут соблюдаться. По итогам статьи автором были сделаны соответствующие выводы.
Ключевые слова: арбитраж, уполномоченный суд, Гражданский процессуальный кодекс Республики Узбекистан, типовой закон UNCITRAL, правоприменение, Закон об арбитраже и согласительных процедурах, опрос с компанией White & Case LLP, соглашение ГАТТ, Торгово-промышленная палата.
Bakhramova Mokhinur
Senior Lecturer of the Intellectual Property Law Department, Tashkent State University of Law
THE ROLE OF THE STATE COURT IN ARBITRATION JURISDICTION ISSUES
Abstract. Intеmаtionаl аrbitrаtiоn has become an acceptable way of resolving disputеs between business partners in almost all areas of intеrnаtionаl trade, commerce and investment. Intеrnаtionаl аrbitrаtiоn disputе allows the parties to resolve their disputеs in a personal, confidential, economic and time-saving manner in a neutral court of their choice. However, if someone identifies arbitrаtiоn as the most important priority of arbitrаtiоn as a means of resolving disputеs, it is necessary to determine the degree of confidence of the parties that the arbitrаtiоn agreement will be respected and that it will be the result of the arbitrаtiоn.
Keywords: arbitration, competent courts, Code of Civil Procedure of Uzbekistan, UNCITRAL Model Law, enforcement, Аrbitrаtiоn and Reconciliation Act, survey with White & Case LLP, GATT Agreement, Chamber of Commerce and Industry.
Introduction
In the world, the development of international trade relations and investment activities leads to the emergence of disputes that require dispute. Currently, the most relevant and developing way of resolving such disputes is international commercial arbitration. Global Arbitration has developed a favored system for resolving disputes among many business partners on virtually every aspect of global trade, market and investment. International statistics show that about 7080% of all major international commercial disputes are resolved in international arbitration [1]. According to the statistics and reports of the Arbitration centers, in 2018 842 cases were accepted for consideration in the International Arbitration at the International Chamber of Commerce (ICC, Paris), 152 cases were accepted for consideration by the Arbitration Institute at the Stockholm Chamber of Commerce (SCC, Stockholm), 152 cases were accepted for consideration in the International Arbitration at the International Chamber of Commerce (ICC, Stockholm), the Singapore International Arbitration Center (SIAC, Singapore) 402 cases, London Court of International Arbitration (LCIA, London) 317 cases [7]. All this indicates the need to pay special attention to the effective regulation of the activities of International Arbitration. Thus, over the past few decades, Arbitration has become the leading method of resolving disputes in International trade and other international economic activity - this was stated by 97% of respondents surveyed in a global study
conducted by Queen Mary University of London and the International law firm White & Case in 2018 [8].
Results and Discussion
The concept of "interaction of arbitration and competent courts", being a complex and multifaceted legal phenomenon, is to a certain extent conditional. This circumstance is due to the following:
Firstly, by sending after the dispute of the case by the temporary arbitration court (ad hoc) its materials to the competent court, it is not the arbitration court as an organization that interacts with the latter, but in fact the composition of the arbitral tribunal that considered and resolved the case (Article 45 of the Law "On Arbitration Courts" ). This is due to the fact that the temporary arbitration court (ad hoc) is not an organization and does not have any organizational and legal form, it is created by the parties to resolve one specific disputed legal relationship and then ceases to exist.
Secondly, it is not the arbitral tribunal itself who applies to the competent court with an application for securing the claim considered in the arbitration court, but the interested party in the arbitration proceedings. The situation is similar with the interaction when the competent court receives applications to challenge the decision of the arbitral tribunal or to issue a writ of execution for its compulsory execution.
Thirdly, only in the process of considering cases on challenging the decision of the arbitral tribunal or issuing a writ of execution for its compulsory
execution, the competent court can interact directly with the permanent arbitral tribunal that resolved the case and demands all materials from its archive [9].
The main directions of interaction between arbitration and competent courts are carried out in the process:
- change of jurisdiction when considering cases in competent or arbitration courts;
- taking measures to secure claims;
- consideration of applications for challenging the decisions of arbitration courts;
- consideration of the claimant's application for compulsory execution of the arbitral tribunal's decision.
Let's consider some questions from the named areas of interaction.
Change of jurisdiction in the process of considering cases in competent or arbitration courts.
For example, in accordance with the CPC of the Republic of Uzbekistan, any interested person has the right to apply to the economic court for the protection of his violated or disputed rights or interests protected by law in the manner prescribed by this Code (Article 1) in all cases, including when the contract provides for arbitration court. Moreover, if the other party agrees to the consideration of the case in the economic court, then this will mean that the parties have changed the terms of the agreement regarding the jurisdiction of the dispute.
By agreement of the parties, a dispute arising or likely to arise arising from civil legal relations and subordinate to the economic court, before it makes a decision, can be referred by the parties to the arbitration court for consideration (Article 25 of the Code of Civil Procedure of Uzbekistan and Article 11 of the Law).
It should be noted that this is precisely where the alternative of choosing the method of resolving the dispute manifests itself, since the decision to transfer the dispute to the arbitration court, or the dispute of this dispute in the economic court, is taken by the parties themselves.
Securing by a competent court of a claim considered by arbitration court.
In the process of considering the case in the arbitration court, the interested party of the arbitration proceedings in accordance with Art. 32 of the Law of the Republic of Uzbekistan "On Arbitration Courts" has the right to apply to the competent court with an
application for the latter to take measures to secure the claim.
Measures to secure the claim considered in the arbitral tribunal may be taken by the competent court at the request of the party to the arbitration proceedings for securing the claim at the location of the arbitral tribunal, or at the location or place of residence of the defendant, or the location of the defendant's property no later than the next day after the receipt of the application to the competent court without notifying the parties. The application for securing the claim shall be accompanied by evidence of the claim to the arbitration court (Article 76 of the Code of Civil Procedure of the Republic of Uzbekistan, Article 248 of the Code of Civil Procedure of the Republic of Uzbekistan).
Consideration by a competent court of an application for securing a claim considered in an arbitration court and issuing a ruling on securing a claim or refusing to secure it shall be carried out in accordance with the procedure established by the Economic Procedure Code of the Republic of Uzbekistan or the Civil Procedure Code of the Republic of Uzbekistan [2, 14-p].
Securing a claim is allowed if failure to take measures to secure a claim may complicate or make impossible the execution of the arbitral tribunal's decision.
Measures to secure a claim can be:
1) the seizure of property or funds belonging to the defendant;
2) prohibition of the defendant to perform certain actions;
3) prohibition of other persons to perform certain actions concerning the subject of the dispute;
4) suspension of collection under an executive or other document contested by the plaintiff, according to which collection is carried out in an indisputable (non-acceptance) manner;
5) suspension of the sale of property in the event of a claim for releasing it from arrest.
If necessary, it is allowed to take several measures to secure the claim.
The competent court, admitting security for the claim, may, at the request of the defendant, require the plaintiff to provide security for compensation for the defendant's possible losses.
For non-observance of measures to prohibit the defendant to perform certain actions and to prohibit
other persons from performing certain actions concerning the subject of the dispute, a fine is levied from organizations and citizens to the income of the republican budget:
for claims subject to assessment - in the amount of up to fifty percent of the claim value;
for claims that are not subject to assessment - in the amount of up to two hundred minimum wages (Article 77 of the Code of Civil Procedure of the Republic of Uzbekistan).
The plaintiff has the right to demand compensation for losses caused by failure to comply with the ruling of the competent court on securing the claim by filing a claim with the same competent court.
Based on the results of consideration of the application for taking measures to secure the claim, a determination is made. The ruling on securing a claim or refusal to secure a claim may be appealed. On the basis of the ruling on securing a claim, a writ of execution is issued, executed in accordance with the general rules of enforcement proceedings.
The decision of the arbitral tribunal to refuse to satisfy the claim is the basis for the cancellation by the competent court of the measures to secure the claim.
Consideration of applications for challenging the decisions of arbitration courts.
With the adoption of the Law of the Republic of Uzbekistan "On Arbitration Courts", the institution of challenging the decision of the arbitration court to the competent court was introduced into the practice of arbitration (Articles 46-48 of the Law).
The institution of challenge is an exception to the general rule and can be applied only in cases expressly provided for by law. In accordance with Art. 46 of the Law of the Republic of Uzbekistan "On Arbitration Courts", an arbitral tribunal's decision can be challenged by a party to the arbitration proceedings by filing an application for cancellation of the arbitral tribunal's decision to the competent court within thirty days from the date of its receipt (Article 1551 of the Code of Civil Procedure of the Republic of Uzbekistan).
This can be applied both to decisions of permanent arbitration courts, and to decisions of temporary arbitration courts (ad hoc), created by the parties to resolve one specific dispute.
When considering cases on cancellation of a decision of an arbitral tribunal or on issuance of a writ
of execution for its compulsory execution, a judge of a state court has the right to establish only the presence or absence of relevant grounds, an exhaustive list of which is contained in Article 370 of the Code of Civil Procedure of the Republic of Uzbekistan. This circumstance is extremely significant, since:
firstly, it does not allow the judge to go beyond the framework specified in the law, to interfere in the activities of the arbitration court;
secondly, to make an independent reevaluation of the evidence used in the arbitration proceedings;
third, to review the merits of the arbitral tribunal or the case itself [3].
Based on the results of the consideration of the case on the cancellation of the decision of the arbitration court, the competent court makes a ruling according to the rules provided for by the COD and the Code of Civil Procedure of the Republic of Uzbekistan to make a decision.
International commercial arbitration is often described as a private and conciliatory mechanism for resolving disputes that is independent of the traditional judicial system governed by the state. While these unique features of international arbitration have enormous advantages, they are not without qualifications. The paradox of International arbitration is that while it continues to be used more and more by most local and global businesses, it is increasingly being criticized as too expensive and time consuming. The so-called private and independent property would not exist without the intervention of, or more precisely, the intervention of the state courts. This interference may occur before, during, or after the arbitration proceedings. The author seeks to emphasize whether the growing dissatisfaction with arbitration judges applies to the relationship between national courts and international arbitration courts and institutions. In other words, do national courts support or undermine international arbitration? These questions seem a bit unnatural: in the pursuit of independence from the national courts, it has inevitably become tied to this system, especially the place of residence. Recent reports have shown that while some local courts have been hostile to arbitration courts, particularly in the enforcement and recognition of arbitral awards, most national courts and systems have been reluctant to obstruct this process. Instead, it supports. The judicial system of Nigeria and its legal framework can be described
as a single system that reflects the current trend of different civil procedure rules of the Supreme Court in 36 states and the FCT and the adoption of the 1958 New York Convention. UNCITRAL Model Law and Rules. The enactment of the 2009 Legislative Act further strengthened the law. The establishment of the LCA in Lagos also encouraged the parties to include arbitration agreements in their agreements, as the execution took place in Lagos and Lagos became the center of arbitration for many reasons. Nigeria has also signed the Gravity Convention. Recently, the First Nigerian ICSID Award was presented between INTEROCEAN OIL EXPLORATION COMPANY LTD and the Federal Republic of Nigeria, NNPC & ORS. (ICSID 13/20).
This relationship between international arbitration and national courts has been described as a "love and hate" relationship. Initially, national courts actively intervened and supervised the arbitration proceedings. The English Arbitration Act of 1950 allowed all arbitral awards on any relevant issue of the law to be appealed in English courts. In 1968, U.S. 2nd District described the relationship as follows: "Just as issues of war and peace are so important that they are not accountable to generals, so are business antitrust decisions to be handed over to elected judges. From the business community, representatives of the foreign community who have no experience with our laws and values. "In Nigeria, Fatai Williams CJN expressed a similar view in OBEMBE v WEMABOD ESTATE LTD (1977), arbitration agreement does not override the jurisdiction of the courts, so both parties can initiate litigation before arbitration tribunal or decision is made. in respect of any claim or claim grounds entered into. "
Today, the intervention of the National Court is limited. In particular, the parties may waive judicial review depending on how the judges apply the law. Parliament now intends to change the situation in favor of the finality of the arbitral award. The U.S. Supreme Court in Hall St v Mattel (2008) argues that "immediate dispute of disputes is the basis of a national policy that supports arbitration, with limited review by national courts necessary to preserve the essential features of arbitration [10].
According to Article 17 of the Code of Civil Procedure of the Republic of Uzbekistan, the case is to be considered individually and in a panel. A civil case is heard individually by a judge in the court of
first instance. When a judge hears and decides a case individually, he or she acts on behalf of the court [4].
The composition of the court for a particular case is formed using an automated information system, taking into account the scope of work and specialization of judges, excluding the influence of persons interested in the outcome of the trial. The practice of providing security for the entire amount in dispute or for its part prior to the selection of the court qualified to contemplate the dispute and therefore, before submission of such a claim to this court has a long tradition in foreign courts [11].
Article 5 of the Model Law stipulates that no court may interfere in cases regulated by this Law, except as provided in this Law. Consequently, the courts only oversee the arbitration process and provide assistance when needed. It should be noted that judicial intervention as a form of dispute dispute does not threaten the future of arbitration. On the contrary, it maintains and maintains its constant vitality. Judicial interference is common and indeed inevitable. Our recent survey with White & Case LLP, a leading global law firm at the International School of Arbitration, found that in international arbitration, most parties question national jurisdiction and the nature of the dispute when choosing arbitration site. Countries with a traditional arbitration platform continue to revise their laws to make their places more convenient for arbitration. Indeed, many popular arbitration platforms, such as France and Switzerland, have recently updated and revised their arbitration laws, making their countries more attractive for international arbitration. Now which court is most suitable for the desired judicial intervention? This is usually Lex Arbitrar (court of law). The reason for this is that international arbitration is governed by the principle of territoriality. However, in exceptional cases, an arbitral tribunal may assist other courts in the arbitration proceedings, for example, in providing temporary remedies and in gathering evidence. The author has previously outlined the stages in which judicial intervention takes place: before, during, and after the arbitration. First, some preliminary questions regarding the validity of the arbitration agreement may be considered by the court before the commencement of the arbitration. Depending on the jurisdiction of the court, several approaches are used, with some courts considering the arbitral tribunal in full before or after the arbitral tribunal.
Other national courts consider the arbitrator on the basis of prima facie only before the commencement of the arbitration and refuse to make any retrial after the commencement of the arbitration. Article 8 of the Model Law stipulates that the court in which the claim is brought in the case which is the subject of the arbitration agreement shall send the parties to the arbitration court if it does not consider the agreement invalid, invalid or unenforceable. Section 5 of the 1988 Law on Arbitration and Reconciliation contains similar provisions, which provide for the suspension of litigation in a case conducted by a party to arbitration agreement. Part 6 of the 2009 AL also contains similar rules. At this stage, it is important to note that the power to determine the validity of arbitration clause that is treated as a separate agreement is saddled with the arbitral tribunal in terms of the competence-competence doctrine. During arbitration, when judicial intervention is most necessary, when issuing interim orders, most arbitral institutions have the right to take interim measures when necessary, but the local court is required to file an application for enforcement. The Model Law empowers national courts to execute court orders. One such temporary measure is a worldwide freezing regime. These orders are rare, especially when they are usually undeniable indicators of serious international fraud. The court has the final say when it comes to reviewing an arbitral award in the order of enforcement or action. The Sine-Quo of international arbitration is the 1958 Convention on the Recognition and Enforcement of Arbitral Awards in New York. Its main purpose is to separate the decisions of foreign arbitral tribunals from being considered in the national court at the stage of execution. 148 states have not signed the same thing, including Nigeria, which has ratified it as a result of its accession; see Section 54 of the Arbitration and Reconciliation Act. In any case, judicial oversight is limited to public policy, jurisdiction, and litigation. One of the main interventions that have caused several important controversies is these commands. The commandments are described by Schwebel as inactive orders, such as the annulment of an order, effectively support the arbitration process by directing the parties to enforce their arbitration agreements. Because they have their advantages, they are actively discussed and criticized.
The need for reforming this part of procedural legislation was caused both by the requirements of
economic development and by the fact of Russia's accession to the WTO and to the GATT Agreement dated 15 December 1993 referring to the characteristics of rational belongings privileges (TRIPS) related to trade. Mentioned Arrangement embraces norms providing security for the entire amount in dispute or for its part in relation to protecting the rights of the requirement [12].
According to Article 17 of ICAC Regulations, if the members of parties disagree then, the arbitration tribunal might command temporary procedures concerning a subject of the dispute at the demand of any gathering, which they consider suitable. The cited Article includes a clause allowing the parties to exclude from arbitration procedure the right to appeal to the arbitration tribunal with a request for ordering interim measures. Nevertheless, this restriction is only valid under the present arbitration agreement and extends only on the powers of arbitration selected by the parties, i.e. the party of dispute does not lose the right to appeal for short-term methods to the state law court in the order stipulated in Article 9 of ICAC Regulations.
Following the analysis, we consider it expedient to include the clause on interim measures in the ICAC Regulations; thus, it keeps the need of the parties involved to appeal to state courts and to secure the dispute completely in the competence of ICAC.
An example of legal application of evolutionary interpretation tool is found in the above- mentioned Award "US -Importation Ban of Specific Shrimp and Shrimp Foodstuffs" (US -Import Ban of Definite Shrimp and Shrimp Foodstuffs. WT/DS58/AB/R. Accepted on 6 November 1998). When resolving this dispute, the Appellate Body actually construed Article XX of GATT Agreement regulating import restrictions in a new way by pointing out that "living resources" possess "life time", as well as oil, iron ore and other kinds of "non-living resources". The Appellate Body explained that they construed relevant provisions of the Article, which was formulated more than 50 years ago, with respect to the Preamble of the Agreement on WTO institution and other documents that express concern of the international community regarding environmental protection and emphasize sustainable economic development.
We conclude that the principle of evolutionary interpretation could also be explicitly stated in ICAC Regulations at the Assembly of Trade and
Manufacturing of the Russian Federation. This recommendation is determined by fact that many international legal contracts have a long-term character and economic realities (under which relevant agreements between the parties were concluded) are subject to change or can gain new value over lifetime of the contract [13].
The Constitution of the Republic of Uzbekistan enshrines the equality of all forms of ownership, guarantees the free development of private property, and predetermines the transition of society to the market path of development. With the transition of the country to a market economy and the development of civil circulation, the number of disputes increased. In modern world practice, the bulk of disputes, including economic disputes, are resolved using alternative methods of dispute dispute, the main place among which is given to arbitration.
The Constitution of the Republic of Uzbekistan guarantees everyone judicial protection of his rights and freedoms, the right to appeal in court against illegal actions of state bodies, officials, and public associations. In accordance with Article 10 of the Civil Code of the Republic of Uzbekistan, which is called "Judicial protection of civil rights", the protection of civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation or an agreement, by a court, a commercial court or arbitration court (hereinafter referred to as the court). Article 36 of the Law of the Republic of Uzbekistan "On the contractual and legal framework for the activities of economic entities" provides that disputes arising between the parties during the conclusion, execution, amendment and termination of business contracts, as well as compensation for damages are considered in the manner prescribed by law by the economic court, and in the cases stipulated by the contract or by agreement of the parties - by the arbitration court [5].
Thus, in Uzbekistan, objective prerequisites have been created for the formation of the institute of arbitration proceedings, an increase in both the number of permanent arbitration courts and the number of disputes from civil relations resolved by them. However, arbitration courts, as non-state bodies, are deprived of public authority, and therefore they are not endowed with the right to apply coercive interim measures, to enforce their own decisions, etc. In addition, in a number of cases, the parties to the
arbitration proceedings have the need to challenge the decisions of the arbitration courts, which, due to the lack of their system as such, makes it completely impossible to a higher instance by analogy with state courts.
In this regard, the arbitration courts in their daily jurisdictional activities are forced to interact with competent courts, both economic courts and civil courts, to use their public authority.
With the transition of Uzbekistan at the end of the 20th century to market relations, accompanied by the inevitable recognition of the right to private property, freedom of economic activity and entrepreneurship, objective prerequisites were created for the revival of the institution of arbitration in our country [14], an increase in both the number of permanent arbitration courts and the number of disputes resolved by them.
In this regard, Uzbekistan has created and is improving the legal framework for the organization and activities of arbitration courts.
In accordance with the Decree of the President of the Republic of Uzbekistan dated June 14, 2005 No.UP-3619 "On measures to further improve the system of legal protection of business entities" and in order to ensure the protection of the rights and legitimate interests of business entities, as well as unconditional compliance with the requirements of Article 53 of the Constitution of the Republic of Uzbekistan On October 16, 2006, to adopt the Law of the Republic of Uzbekistan "On Arbitration Courts".
This Law regulates the procedure for the formation and operation of arbitration courts, the transfer of disputes to the dispute of arbitration courts, the form and content of the arbitration agreement, the formation of the composition of the arbitral tribunal, the costs of the arbitration court, arbitration proceedings, acts of the arbitration court, challenging and enforcing the arbitration court's decision [4].
The norms concerning the activities of arbitration courts are also contained in the Civil Code, the Civil Procedure Code, the Economic Procedure Code, the Tax Code of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan "On the contractual and legal framework for the activities of economic entities", "On the execution of judicial acts and acts of other bodies", "On the Chamber of Commerce and Industry of the Republic of Uzbekistan".
The Constitution of the Republic of Uzbekistan guarantees everyone judicial protection of his rights
and freedoms, the right to appeal to the court against illegal actions of state bodies, officials, public associations (Article 44). In accordance with Article 10 of the Civil Code of the Republic of Uzbekistan, which is called "Judicial protection of civil rights", the protection of civil rights is carried out in accordance with the jurisdiction of cases established by procedural legislation or an agreement, by a court, a commercial court or arbitration court (hereinafter referred to as the court).
Article 36 of the Law of the Republic of Uzbekistan "On the contractual and legal framework for the activities of economic entities" provides that disputes arising between the parties during the conclusion, execution, amendment and termination of business contracts, as well as compensation for damages are considered in the manner prescribed by law by the economic court, and in the cases stipulated by the contract or by agreement of the parties - by the arbitration court.
The cases considered by the economic court related to the decision of the arbitral tribunal include cases on applications:
1) on cancellation of decisions of arbitration courts;
2) on the issue of writs of execution for compulsory execution ofdecisions ofarbitration courts.
The cases listed in the first part of Article 251 of the Code of Civil Procedure of the Republic of Uzbekistan are considered by the economic courts according to the general rules of economic proceedings with those exceptions and additions that are indicated in chapters 201-202 of the Code of Commercial Procedure ofthe Republic of Uzbekistan. They determine the procedure for challenging the decision of the arbitral tribunal, the form and content of the application for cancellation of the decision and for the issuance of a writ of execution for the compulsory execution of the decision of the arbitration court, the procedure for considering the application, grounds for canceling the decision of the arbitration court [12] and for refusing to issue an executive sheet, the procedure for making and content determination of the economic court in these categories cases.
Similar norms are also contained in the Civil Procedure Code of the Republic of Uzbekistan.
According to the rules established by the Law of the Republic of Uzbekistan "On the Execution of
Judicial Acts and Acts of Other Bodies", in addition to decisions, rulings and decisions of courts in civil cases and economic disputes, decisions of arbitration courts (Article 6) are subject to execution. Execution documents in this case are writ of execution issued by courts (a civil court or an economic court) for the compulsory execution of decisions of arbitration courts (Article 7).
In accordance with Article 8 of the Law of the Republic of Uzbekistan "On Arbitration Courts", the Ministry of Justice of the Republic of Karakalpakstan, departments of justice of regions and the city of Tashkent carry out registration of permanent arbitration courts and registration of temporary arbitration courts in the corresponding territories.
The procedure for maintaining record registration of permanent arbitration courts and accounting for temporary arbitration courts on the territory of the Republic of Uzbekistan is determined by the Regulations on the procedure for keeping records of arbitration courts, approved by the Cabinet of Ministers of the Republic of Uzbekistan dated October 30, 2008 No. 235 [6].
Thus, the normative legal acts regulating the procedure for the formation and operation of arbitration courts combine substantive and procedural elements, due to which it has a specific legal regulation regime that differs from the regulation regime of both private and public law.
The Law of the Republic of Uzbekistan "On Arbitration Courts" and other regulatory legal acts determine only general provisions and rules (the procedure for the formation of arbitration courts, their competence and general rules of arbitration proceedings), while not regulating in detail all procedural aspects of dispute dispute.
In permanent arbitration courts, detailed rules for arbitration proceedings and procedural issues of resolving a dispute are regulated by local acts approved by the legal entity that formed the arbitration court. These local acts are the regulations and rules of the permanent state court.
The position of a permanent arbitration court is a local act approved by a legal entity that has formed arbitration court, which regulates the legal status, organization, procedure for a permanent arbitration court, and also determines its relationship with the legal entity that formed this arbitration court and other legal entities.
The rules of the permanent arbitration court are a local act approved by the legal entity that formed the arbitration court, containing the rules of the arbitration proceedings.
Due to the fact that these acts are not normative legal in accordance with the Law of the Republic of Uzbekistan "On Normative Legal Acts", the norms contained in the Rules of the Arbitration Court, in contrast to the relevant codes and laws regulating the procedure for resolving a dispute in a competent court, are not are generally binding. However, when concluding an arbitration agreement on the transfer of a dispute for dispute to an arbitration court, the parties that entered into such an agreement make the Rules of the corresponding permanent arbitration court an integral part of the arbitration agreement and thereby agree to obey and follow the rules contained in these Rules, and when resolving the dispute, these rules are binding on the parties to the arbitration agreement.
At the same time, both the Law of the Republic of Uzbekistan "On Arbitration Courts" and the rules of arbitration courts, as a rule, are quite flexible and leave enough freedom to determine and regulate the rules of arbitration for the parties to the dispute themselves, who can agree on these rules in the arbitration agreement or in the course of the dispute.
Due to this, the use of arbitration allows the most effective dispute of disputes on terms that are most in the interests of the parties involved in them, which in turn increases their confidence in the effective dispute
of emerging disputes.
The local acts of permanent arbitration courts include provisions on fees, costs and expenses in the arbitration court and the procedure for accepting arbitrators.
For example, the Regulations, provisions on fees, costs and expenses in the arbitration court and the procedure for admitting arbitrators to the arbitration court at the Chamber of Commerce and Industry of the Republic of Uzbekistan were approved by the Executive Committees on January 7, 2008.
Conclusion
According to all above discussions we can say that one of the challenges in almost every jurisdiction is to find an acceptable balance between the interests of the effectiveness and legitimacy of arbitration proceedings. The arbitration system is inherently agreed upon and may delegate the power of the court to hear a particular dispute, even if arbitration may be established. Thus, the courts, as a starting point, should have the right to decide on their jurisdiction including any circumstances that may preclude it (i.e., the existence, validity of the arbitration agreement and compliance). However, most court decisions today also recognize the right of judges to make decisions in their own jurisdiction. This increases conflicts between jurisdictions to determine the existence of arbitration agreement, as well as the ability of arbitrators to determine their own powers.
References
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