CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
75
CONTRACTUAL DISPUTES IN THE AUTOMOBILE LOGISTICS
SECTOR IN UZBEKISTAN AND THE ROLE OF MEDIATION: A
COMPARATIVE ANALYSIS
Eshonkulov Azimjon Azamatovich
Lecturer of Training Institute for lawyers
under Ministry of Justice of the Republic of Uzbekistan
https://doi.org/10.5281/zenodo.15747288
Abstract
This article analyzes contractual disputes arising in the automobile logistics
sector in Uzbekistan and examines the growing role of mediation in resolving
such conflicts. Based on the Law on Mediation (2018), recent amendments to the
Civil Code, and judicial practice, the legal and institutional foundations of
mediation are assessed. The article also draws comparative insights from the
United States and the European Union to offer practical recommendations for
the development of this field in Uzbekistan.
Keywords:
Automobile logistics, alternative dispute resolution, mediation,
mediator, mediated settlements, integration into international logistics chains.
Introduction:
The automobile logistics sector currently plays a critical role
in Uzbekistan's economy. The country's strategic position between Europe and
Asia requires effective organization of transportation flows. Contracts in this
sector often give rise to disputes concerning delivery deadlines, cargo condition,
and payment terms.
Traditionally, such disputes are resolved through litigation. However, in
recent years, alternative dispute resolution (ADR) mechanisms, particularly
mediation, have received increasing attention. This article provides a
comparative and legal analysis based on both domestic legislation and
international best practices.
In Uzbekistan, the Civil Code governs contractual obligations, while the Law
on Automobile Transport outlines the responsibilities of carriers and cargo
senders.
The most common types of contractual disputes in the automobile logistics
sector include:
Delay in delivery of cargo;
Damage to goods;
Delayed or non-payment;
Breach of responsibility in contracts involving third-party logistics
providers.
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
76
Key legislative developments include the Law on Mediation (adopted in
2018) and amendments to the Civil Procedure Code in 2021, which provided a
stronger legal foundation for mediation.
The 2018 law on Mediation defines mediation as a voluntary, impartial, and
confidential process. It stipulates that only individuals who have completed
special training and are registered in the national mediator registry may serve
as professional mediators.
While the Tashkent Mediation Center operates in Uzbekistan, there is a lack
of mediators with specialization in logistics disputes.
In practice, challenges remain, including:
Shortage of qualified mediators;
Issues with enforcement of mediated agreements;
Limited awareness among logistics firms.
Furthermore, the Resolution of the President of the Republic of Uzbekistan
“On measures for the further development of the transport and logistics system
of the Republic of Uzbekistan” in 01.27.2025 under #PQ-28 has been
established. The Concept and Roadmap for the Development of the Transport
and Logistics System of the Republic of Uzbekistan until 2030 has been
developed according to Appendix No. 1. and Appendix No. 2.
Comparative Insights: U.S. and European Union.
In the United States, logistics contracts are governed by Article 2 of the
Uniform Commercial Code (UCC) and the rules of the Federal Motor Carrier
Safety Administration (FMCSA). Courts frequently may refer disputing parties to
mediation as a prerequisite before trial.
In the European Union, Directive 2008/52/EC promotes mediation in cross-
border civil and commercial disputes. Organizations such as the European
Mediation Network Initiative (EMNI) support the development of logistics-
focused mediation.
Based on this comparative study, the following reforms are recommended
in Uzbekistan:
Granting enforceable status to mediated agreements;
Training logistics-specialized mediators;
Introducing sector-specific alternative dispute resolution programs in
legal education;
Establishing transport-focused alternative dispute resolution panels;
Creating public-private partnerships to open mediation centers in
regional areas.
CURRENT APPROACHES AND NEW RESEARCH IN
MODERN SCIENCES
International scientific-online conference
77
Conclusion:
In conclusion, as Uzbekistan becomes increasingly integrated into
international logistics chains, the need for efficient and reliable dispute
resolution mechanisms grows. Mediation offers a fast, low-cost, and less
adversarial solution. The experience of the U.S. and EU demonstrates the
importance of building strong legal and institutional frameworks for mediation.
In Uzbekistan, with all current proper reforms and capacity building, mediation
can become a practical tool for resolving disputes in the transport logistics
sector.
References:
1.
O‘zbekiston Respublikasining "Mediatsiya to‘g‘risida"gi Qonuni. –
Toshkent, 2018.
2.
O‘zbekiston
Respublikasi
Prezidentining
qarori
“O‘zbekiston
Respublikasining transport-logistika tizimini yanada rivojlantirish chora-
tadbirlari to‘g‘risida”, 27.01.2025 yildagi PQ-28-son
3.
Brown H., Marriott A. ADR Principles and Practice. – London: Sweet &
Maxwell, 2018.
4.
Nolan-Haley J.M. Alternative Dispute Resolution in a Nutshell. – Minnesota:
West Academic Publishing, 2021.
5.
Qодиров Ж.Б. Медиатсиянинг амалий qўлланилиши ва халqаро
тажриба. – Тошкент: "Адлия", 2022
