CC BY
18
ЮРИДИЧЕСКИЕ НАУКИ
THE SIGNIFICANCE OF THE INTERNATIONAL ARBITRATION Yusubbayeva N.A.1, Komiljonova I.Kh.2, Bakhtiyorov J.I.3
1Yusubbayeva Nilufar Alisherovna - the foreign language Teacher for Lawyers; 2Komuljonova Ikboloy Khasanboy qizi - the lawyer on contractual Issues, Student;
3Bakhtiyorov Jumaniyozbek Ikhtiyorovitch - the lawyer on contractual Issues, Student,
JURIDICAL COLLEGE, KHORESM, REPUBLIC OF UZBEKISTAN
Abstract: the role of the Uzbek courts in arbitration is limited. Legislation prevents state courts from hearing a case if an arbitral tribunal has jurisdiction. In limited circumstances courts can intervene and refuse to issue a writ of execution on an arbitral award. If such judgment is not be recognized and enforced in Uzbekistan, or such matter is within exclusive jurisdiction of the Economic court of Uzbekistan. Keywords: arbitration, court, Treaty, resolution, resolution clauses.
On 16 October 2006 a new law "On Referees Court" has been adopted, which provides for an alternative to state courts, means of dispute resolution between legal entities within Uzbekistan. Both permanent and temporary referees courts and judges must be registered with the Ministry of Justice. Besides other general capacity, neutrality and good moral standing criteria, only a citizen of Uzbekistan, having reached an age of 25 is eligible to become a referee judges. At least the sole referee judge or the chairman of multimember referee court must have a legal education. Referees court must adjudicate the dispute in accordance with the norms of Uzbek law, agreements between disputing parties and business practices. Parties may submit their dispute to referees court at any moment before the competent court of Uzbekistan issues a decision.
International Arbitration With regard to disputes which arise in connection with foreign investments or related activities, the disputing parties have a choice of the following dispute resolution mechanisms: negotiation, dispute settlement by an Uzbek economic court, arbitration by local referees' court, or international arbitration. If parties elect to resolve their dispute in an Uzbek court, they nonetheless may switch to arbitration at any time before the court renders a decision. Foreign contracting parties typically insist on a contract clause specifying that binding arbitration in a third country will be the exclusive means of resolving disputes. Uzbekistan has signed and ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. A decree of the Supreme Economic Court called "On Court Practice of Enforcement of Decisions and Arbitral Awards of the Foreign Courts (Arbitrations)" dated 26 March, 1998 provides that foreign arbitral award will be enforced by the courts of Uzbekistan if the conditions specified in the applicable treaty are met. Uzbekistan is also a party to several investment treaties with foreign countries (including the United Kingdom, South Korea and Turkey) that contain dispute resolution clauses. In addition, Uzbekistan has signed and ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States in 1965. Role of the State Courts in Arbitration The role of the Uzbek courts in arbitration is limited. Legislation prevents state courts from hearing a case if an arbitral tribunal has jurisdiction. In limited circumstances courts can intervene and refuse to issue a writ of execution on an arbitral award, if such judgment is not be recognized and enforced in Uzbekistan, or if such matter is within exclusive jurisdiction of the Economic court of Uzbekistan. Enforcement of Arbitral Awards As stipulated by the New York Convention, the party applying for recognition and enforcement of an arbitral award must, at the time of the application, submit [3]: (a) an authenticated original award or a certified copy; and (b) the original agreement referred to or a certified copy. A decision to declare an arbitral
award (including one made by the foreign state court) enforceable is made by the Economic court which issues a writ of execution.
Recognition and enforcement of the award may be refused at the request of the party against whom it is invoked only if that party provides the economic court with proof of the following [1]: (a) that the parties to the agreement were, under the law applicable to them, under some incapacity, or the agreement is not valid under the law to which the parties have subjected it; or (b) that the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present its case; or (c) the award deals with a matter not contemplated by or not falling within the terms of submission to arbitration, or it contains decisions on matters beyond the scope of submission to arbitration; or (d) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (e) the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made. Recognition and enforcement of an arbitral award may also be refused by the Uzbek court if the court finds that [2]: (a) the subject matter of the dispute cannot be settled by arbitration under the law of that country; or (b) recognition or enforcement of the award would be contrary to the public policy of Uzbekistan.
References
1. The Civil Procedure Code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan № 477-I. 30 August. 1997.
2. The Commercial Procedure Code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan № 478-I.30 August, 1997.
3. Uzbekistan is a party to the Convention "On the Recognition and Enforcement of Foreign Arbitral Awards," signed on 10 June, 1958 (the "New York Convention").
