INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 06,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 623
PROBLEMS IN THE CURRENT PRACTICE OF ARBITRATION COURTS IN UZBEKISTAN
AND MEASURES TO IMPROVE THE KNOWLEDGE AND SKILLS OF ARBITRATORS
Mamadaliyev Akrombek
Tashkent State Law University, Faculty of Magistrate's and Correspondence Education
Student of Mediation and Alternative Dispute Resolution
Annotation.
In the era of large-scale reforms being carried out in our country, measures are
being taken to radically develop and improve each sphere, to form a system that raises the
interests and values of the population to a high level. At the same time, the legal position of
arbitration courts, mediation and arbitration courts in the field of alternative dispute resolution
is increasingly expanding. In particular, it is very important to eliminate existing problems in
arbitration courts and regulate the mechanism of their activities in accordance with world
standards. Because arbitration proceedings are a legal institution created to quickly and
effectively resolve existing disputes and other similar problems in civil and economic activities.
Therefore, today, in our country, in the context of further deepening democratic reforms and the
formation of civil society, it is extremely important to widely develop the institution of
arbitration courts. This scientific article is devoted to the existing problems in the formation of
the composition of the arbitration court in the Republic of Uzbekistan and the need to
implement measures to improve their correct formation, the knowledge and skills of arbitration
court judges in the field, and to provide proposals and additions to eliminate the existing needs
in the legislation. The study provides a detailed analysis of the functions of arbitration courts,
the methods and techniques necessary for their development, and the measures taken by the
state in this regard.
Keywords:
arbitration court, composition of the arbitration court, dispute resolution, competent
court, knowledge and skills, law, code.
In countries with developed democratic principles, the institution of alternative dispute
resolution and the development of criteria for its determination are of great importance.
Through this, it is important to study which courts will consider disputes and the methods and
procedures for resolving disputes carried out by the bodies authorized to resolve disputes before
the court. Because today, resolving conflict situations between participants in civil legal
relations often requires a quick and competent solution and a legal institution that can resolve
the dispute. This type of task is performed by an independent arbitration institution. According
to the legislation, arbitration courts are a special non-governmental div that resolves civil and
economic disputes and is not part of the state judicial system. Due to the fact that this legal
institution is not fully formed, its working mechanisms are not regulated, and the existing
shortcomings in the legislation have not been fully eliminated, certain problems are emerging.
In general, problems in the formation of the composition of arbitration courts and problems in
the formation of the composition of judges are constantly encountered, and this is not under
control. Therefore, the effectiveness of the activities of arbitration courts also depends on the
knowledge and skills of judges, so regular improvement of their knowledge is an important task.
S. Maripova also notes that using the method of alternative (pre-trial) dispute resolution, an
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 06,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 624
impartial, neutral mediator helps the disputing parties to reach a mutually acceptable agreement,
but he does not have the right to make a decision on the dispute and advise any of the parties.
Based on the fact that the scientist’s opinions are quite reasonable, it can be said that the
adoption of an award by arbitration courts is fundamentally different from a mediation
agreement concluded as a result of mediation. Therefore, the fact that the issue of directing the
execution of the award of the arbitration court by competent courts indicates that it has a certain
jurisdiction. It follows that the great importance of the judge's decision in resolving disputes in
the arbitration procedure and the presence of the factor of enforcement of this decision by the
competent court indicates that significant attention should be paid to the correct formation of
the composition of the arbitration court judges and the knowledge and skills of the judges. The
article analyzes the problems faced by arbitration courts in practice and examines the correct
formation of the composition of the arbitration court, its current state and future development
directions.
In the course of covering the article, we will directly turn to various materials and methods. In
particular, after the establishment of arbitration courts, the most important task is to form their
composition. To analyze the existing problems in it, legal materials were studied, in particular,
the Law "On Arbitration Courts", the Civil Code, the Civil Procedure Code, the Economic
Procedure Code, legal literature and relevant regulatory legal acts. As a method, legal analysis,
statistical data processing and comparison methods were used. In this study, we use the
following methods:
1. Analysis of legal documents: A legal analysis was conducted based on the laws of the
Republic of Uzbekistan, presidential decrees and international legal norms, relevant legislation
and legal literature.
2. Statistical data: Statistical reports of the Ministry of Justice of Uzbekistan and other state
agencies on arbitration courts were studied. This data was used to improve the skills of judges
and assess the effectiveness of judicial proceedings.
3. Surveys and interviews: Surveys were conducted among arbitration judges and lawyers in
civil cases. This revealed the existing needs for improving the knowledge of judges and the
inadequacy of professional development programs.
The effectiveness of work using specific methods in preventing problems is high. Therefore, if
we first turn to the current legislation, including the Law "On Arbitration Courts", Article 14 of
the Law clearly defines the requirements for becoming an arbitrator, according to which a
citizen of the Republic of Uzbekistan who is not younger than twenty-five years old, capable of
ensuring an impartial resolution of the dispute, not directly or indirectly interested in the final
outcome of the dispute, independent of the parties to the arbitration agreement, and who has
agreed to perform the duties of an arbitrator may be elected (appointed) as an arbitrator.
The requirements for an arbitrator who resolves a dispute individually are: not to be younger
than twenty-five years old; be able to ensure an impartial resolution of the dispute; not to have a
direct or indirect interest in the final outcome of the dispute; be independent of the parties to the
arbitration agreement; have agreed to perform the duties of an arbitrator; be a citizen of the
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 06,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 625
Republic of Uzbekistan. An arbitrator must have a higher legal education. When a dispute is
resolved by a jury, the chairman of the arbitration court must have a higher legal education.
These points established by the law are mandatory for every applicant who wants to become an
arbitration court judge. However, the question arises whether the requirements are set correctly
for becoming a judge. Unfortunately, no. There are 281 arbitration courts registered in
Uzbekistan, with more than 1,500 arbitrators working in them. Almost the majority of these
1,500 arbitrators, whose main work is in various fields, do not have any idea about arbitration.
Article 14 of the Law stipulates that an arbitrator who resolves a dispute individually must have
a higher legal education. It follows that in cases considered by the jury, in addition to the
presiding arbitrator, other judges who are not familiar with the essence of arbitration are
participating in the arbitration proceedings. However, although the Arbitration Courts of
Uzbekistan Association has an Academy for Training Arbitration Judges, it has been training
arbitrators on the condition that they engage in arbitration activities in arbitration courts within
the association. It can be understood from this that the association aims only to train its judges
and develop its own activities. At the same time, the issue of impartiality in the training process
at the association's academy remains open, where training courses are organized in accordance
with their own preferences and lessons are taught by arbitrators. This certainly does not
correspond to any training curriculum.
In accordance with Article 15 of the Law "On Arbitration Courts", it is established that the
parties can only choose arbitrators from the list of arbitrators approved by the legal entity that
established the court. Therefore, it is appropriate for the legal entity that establishes the
arbitration court to include various specialists in the list of arbitrators.
However, the lack of clarity of this authority granted to the legal entity raises some objections.
Because, as we noted above, when considering a dispute individually, an arbitration court judge
must have the highest legal qualifications, and when considering a case in a jury, the chairman
of the court must have the highest legal qualifications. This means that when considering a case
in a jury, only the chairman of the court has the highest legal qualifications, and the rest do not
even have an understanding of the law, and representatives of other fields are appointed to the
position of judges. As a result, this leads to the issuance of illegal decisions by arbitration courts,
and this is why citizens' trust in arbitration courts is gradually decreasing. Therefore, I believe
that when forming the composition of arbitration courts, it is necessary to first make additions
and amendments to the current law, strictly define the requirements for arbitration judges, and
entrust the issue of resolving disputes arising from legal relations to authorized persons
involved in the field of law.
Secondly, it is necessary to consistently establish a system of measures and develop a
mechanism for improving the knowledge and skills of arbitration judges. For this reason, it is
advisable for the activities of an arbitrator to be carried out by a person who has passed a
special training course according to the program for training arbitrators approved by the
Ministry of Justice of the Republic of Uzbekistan, as well as being included in the register of
1
UDK: 347.746.42 (075) (575.1) Nizolarni muqobil hal etish usullari / Darslik. Hammualliflikda. – Toshkent: TDYU,
2024. – 338 bet. Mualliflar: M.M. Mamasiddiqov, yu.f.d. (DSc), professor – I, II, III, IV boblar; A.A. Xakberdiyev,
yu.f.d (DSc), dotsent – V, VI, VII, VIII, IX boblar, glossariy, testlar
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 06,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 626
arbitrators. This way Through the training of persons engaged in arbitration activities, qualified
lawyers, scientists and practitioners will train personnel who are ready to engage in arbitration
activities impartially. It will also be ensured that a person who has a certificate and is included
in the register of arbitrators can work in any arbitration court in Uzbekistan. This will not lead
to the supply of personnel for the benefit of a particular arbitration court, but to the supply of
personnel to all arbitration courts in Uzbekistan and the correct interpretation of laws. Such a
procedure, Article 12 of the Law “On Mediation” stipulates that “professional mediator
activities may be carried out by a person who has passed a special training course under the
mediator training program approved by the Ministry of Justice of the Republic of Uzbekistan,
as well as entered into the Register of Professional Mediators. It would be appropriate for the
Ministry of Justice to introduce a system and procedure for training arbitration judges, similar
to the training course for professional mediators. In this way, it is necessary to re-evaluate the
knowledge and qualifications of existing arbitration judges by conducting higher certification,
and to remove those who are unfit for the position of judge, and to increase their legal
knowledge and skills by involving candidates who have expressed a desire to remain in the
position of judge in training courses. It is also appropriate to take the following measures to
improve the knowledge and qualifications of arbitration judges:
1. Develop international exchange of experience of judges: Every year, arbitration judges
receive training from qualified foreign countries exchange experience with judges, send them to
participate in trainings. Through this, they will have the opportunity to learn best practices in
international dispute resolution.
2. Training programs: Regular training courses for judges on mediation and dispute resolution
strategies organized by special training centers and higher education institutions established by
the state. These courses will serve to adapt the qualifications of judges to modern trends and
international experience.
Based on theoretical and scientific analysis, I consider it reasonable to make the
following proposals for amendments to the current law:
1. I propose to include the concept of “Electronic arbitration agreement” in Article 3 of the Law
“On Arbitration Courts”, that is, in the list of basic concepts. I propose to interpret this concept
as follows. Electronic arbitration agreement is a means of resolving a dispute that has arisen or
may arise from contractual legal relations using an electronic signature in the Internet system,
as a separate contract or a component of a contract an agreement on the resolution of a dispute
formalized in the form of a contractual clause.
2. In addition, the concept of “Online arbitration hearing” should be added to the main concepts
of Article 3 of the Law “On Arbitration Courts” and this concept should be interpreted as
follows: Online arbitration hearing – an online arbitration hearing that can be used for disputes
arising from online transactions and transactions operating on the basis of a special online
platform that considers disputes without the physical participation of the parties in the
arbitration hearing, as well as for disputes arising in offline mode.
3. The basis for introducing these two concepts is that the concepts of “Online arbitration
agreement” and “online arbitration hearing” are included in the regulations of the courts
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 06,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 627
operating in Uzbekistan in different wordings adapted to their own needs, which leads to
different concepts among the operating arbitrators. Therefore, the “Disputes in Uzbekistan
Based on the opinions of national and foreign scholars studied within the framework of my
doctoral dissertation on the topic "The arbitration process: theoretical and practical issues", I
propose to include these concepts in the legislation.
I propose to change the clause in Part 2 of Article 6 of the Law "On Arbitration Courts" on the
establishment of a permanent arbitration court by a legal entity to the clause on its
establishment by non-governmental non-profit organizations and to insert the following
sentence: "A permanent arbitration court shall be deemed to be established upon approval of the
rules of the permanent arbitration court and the list of arbitrators if there are at least five
arbitrators in the list of permanent arbitration courts." That is, I propose to introduce the clause
on the establishment of arbitration courts not by legal entities, but by non-governmental non-
profit organizations by amending the law. Also, the reason for introducing a norm stating that a
permanent arbitration court is considered to be established if there are at least five arbitrators in
the list of arbitration courts is: if the permanent arbitration court has two judges and the parties
to the dispute demand that their disputes be considered by an arbitration panel, the number of
judges is insufficient or it is appropriate to set it at least five to ensure that the parties have the
category of arbitrators they want and to prevent other emergency situations.
According to Article 14 of the Law “On Arbitration Courts”, I propose to add a paragraph to the
requirements for arbitration judges: “The activities of an arbitrator may be carried out by a
person who has passed a special training course according to the program for training
arbitrators approved by the Ministry of Justice of the Republic of Uzbekistan, as well as who is
included in the register of arbitrators.” This proposal is directly related to the above-mentioned
principles and, through it, the arbitration court judge will be formed from individuals with
knowledge and skills in the field.
REFERENCES:
1. Otaxonov F.X. Nizolarni muqobil hal qilish – Al’ternativnoye razresheniye sporov
[Alternative dispute resolution]. Institute of Legislative Problems and Parliamentary
Research under the Oliy Majlis of the Republic of Uzbekistan. A collection of articles.
2022, p. 85.
2. A.Xakberdiyev Oʻzbekistonda nizolarni hakamlik sudida hal etish jarayoni: nazariy va
amaliy masalalar. Monografiya. Toshkent, TDYU, UDK: 343.14(035.3)(575.1 , 2022.–
B.251
3. Maripova S. Fuqarolik protsessida mediatsiyani qoʻllash: qiyosiyhuquqiy tahlil
[Application of mediation in civil proceedings: a comparative legal analysis]. PhD thesis.
2022, p. 38.
4. Nizolarni muqobil hal etish usullari / Darslik. Hammualliflikda. – Toshkent: TDYU, 2024.
– 338 bet. Mualliflar: M.M. Mamasiddiqov, yu.f.d. (DSc), professor – I, II, III, IV boblar;
A.A. Xakberdiyev, yu.f.d (DSc), dotsent – V, VI, VII, VIII, IX boblar, glossariy, testlar
5. Asyanov Sh.M. “Oʻzbekiston Respublikasining “Hakamlik sudlari toʻgʻrisidagi” Qonuniga
sharh”
6. London
Court
of
International
Arbitration
(LCIA).
(2018).http://www.lcia.org/Frequently_Asked_Questions.aspx
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 06,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 628
7. Dana H. Freyer, Practical Considerations in Drafting Dispute Resolution Provisions in
International Commercial Contracts: A US Perspective, 15(4) J. INT’L ARB. 7, 20-23
(1998)..
8. Rubellin-Devichi, J., Vincent, J. 1965. L’arbitrage: Nature juridique. Droit interne et droit
international privé [Arbitration: Legal Nature. Domestic Law and Private International
Law]. Paris: Librairie générale de droit et de jurisprudence.
