Disputes and Litigation
The upper level of the court system consists of the Constitutional Court and the Supreme Court. The lower level of the Uzbekistan court system includes regional courts on civil and criminal matters; economic and administrative courts and military courts.
With regard to disputes which arise in connection with local business activities, the disputing parties have a choice of the following dispute resolution mechanisms: negotiations, dispute settlement by an economic court, or local tribunal in accordance with the rules of the Economic Procedure Code of Uzbekistan or the rules of the relevant local tribunal.
As regard to international disputes, the choice of foreign forum (arbitrage) is recognized by Uzbekistan law unless an issue in dispute is within the exclusive jurisdiction of Uzbekistan domestic courts. Such exclusive domestic court jurisdiction may not be changed by the agreement of the parties. Uzbekistan is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Accordingly, foreign arbitral awards obtained in a state that is a party to the New York Convention should be recognized and enforced by Uzbekistan courts (subject to the qualifications in the Convention and compliance with Uzbekistan procedural law).
Uzbekistan is a party to several investment treaties with foreign countries that contain dispute resolution clauses. Uzbekistan has signed and ratified the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Treaty”) of 1965.
Enforcement of court decisions and decision of other bodies are regulated by the Law of the Republic of Uzbekistan “On enforcement of court orders and orders of other bodies”, which provides for a specific procedure for enforcement of such orders. The Law states that peculiarities of enforcement against funds of the state budget and funds of the state-owned companies shall be performed in accordance with the Provision adopted by the Cabinet of Ministers of the Republic of Uzbekistan.
Our law firm offers the following services in the sphere of Disputes and Litigation:
- advising clients on the full spectrum of dispute resolution and litigation mechanisms ranging from negotiation, mediation, conciliation and conflict resolution to appellate proceedings;
- handling pre-judicial matters, including, pre-judicial claims, delivery of suites to the courts, preparing objections of the defendant and supporting of evidences;
- consulting on various legal issues related to international arbitrage and enforcement of the arbitrage’s awards.