Volume 02 Issue 06-2022
107
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
02
I
SSUE
06
Pages:
107-110
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
METADATA
IF
–
7.356
A
BSTRACT
This article briefly highlights the types of arbitration courts, their features, and the activity of the HKIAC
and SIAC, which are actively developing at present.
K
EYWORDS
Arbitration court, institutional arbitration courts, ad hoc arbitration courts, HKIAC, SIAC.
I
NTRODUCTION
Although several normative legal documents
have been adopted in Uzbekistan today in
arbitration courts and arbitration, many positive
things have been done, but using alternative
methods in resolving disputes has not lost its
relevance.According to Article 5 of the Law of the
Journal
Website:
http://sciencebring.co
m/index.php/ijasr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Research Article
COURT OF ARBITRATION TYPES
Submission Date:
June 10, 2022,
Accepted Date:
June 20, 2022,
Published Date:
June 30, 2022
Crossref doi:
https://doi.org/10.37547/ijasr-02-06-15
Pulatbek Abdumutalovich Abdumutalov
Master's student in "International Arbitration and Dispute Resolution", Tashkent State Law University,
Uzbekistan
Volume 02 Issue 06-2022
108
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
02
I
SSUE
06
Pages:
107-110
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
METADATA
IF
–
7.356
Republic of Uzbekistan, "On Arbitration Courts",
we can establish 2 different arbitration courts in
the Republic of Uzbekistan:
permanent arbitration courts;
ad hoc arbitration courts.
The distinctive features of a permanent
arbitration court established by national
legislation are:
A permanent arbitration court is established
by a legal entity;
A permanent arbitration court operates under
the legal entity that established it;
Based on the name of the permanent
arbitration court, its activity is on a
permanent basis;
Permanent arbitration courts are registered
by the Ministry of Justice of the Republic of
Karakalpakstan, regional, and Tashkent
justice departments.
The specific features of the ad hoc arbitration
court, defined in national legislation, are as
follows:
The
temporary
arbitration
court
is
established by the parties to the arbitration
agreement (Article 7 of the Law);
Based on the name of the temporary
arbitration court, after the dispute is
considered, this court terminates its activity
(Article 7 of the Law);
The procedure for establishing a temporary
arbitration court is determined by the parties
to the arbitration agreement (Article 7 of the
Law);
Temporary arbitration courts are taken into
account by the Ministry of Justice of the
Republic of Karakalpakstan, regional and
Tashkent justice departments (Article 8 of the
Law).
As can be seen from this definition, permanently
operating arbitration courts do not have the
status of a legal entity.
According to the information received from the
Open Data Portal of the Republic of Uzbekistan,
today 252 permanent arbitration courts are
registered and operating in our country2. In
particular, in Andijan region - 19, in Bukhara
region - 15, in Jizzakh region - 12, in Navoi region
- 16, in Namangan region - 14, in Samarkand
region - 23, in Syrdarya region - 5, in
Surkhandarya region - 21. 21 in the Tashkent
region, 41 in Tashkent city, 21 in the Fergana
region, 16 in Khorezm region, 14 in the
Kashkadarya region and 14 in the Republic of
Karakalpakstan.
In fact, both forms of the arbitration court
perform the same task. They resolve disputes
arising from civil legal relations, including
economic disputes arising between business
entities.
We also know permanent arbitration courts as
"institutional arbitration institutions".
There are a lot of institutional arbitration
institutions in the world, among which it is
appropriate to briefly dwell on the activities of 2
Volume 02 Issue 06-2022
109
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
02
I
SSUE
06
Pages:
107-110
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
METADATA
IF
–
7.356
famous arbitration institutions that are rapidly
developing today.
A group of business people and professionals
established Hong Kong International Arbitration
Centre (HKIAC) in 1985 in Hong Kong, China to
meet the need for dispute resolution services in
Asia. When HKIAC was established, it was
financially supported by the Hong Kong business
community and the Hong Kong government.
Today, HKIAC is financially independent and free
from any pressure or control3.
HKIAC is incorporated under the laws of Hong
Kong, is a company limited by guarantee and
operates as a non-profit organization.
HKIAC is one of the world's leading organizations
for arbitration, mediation and domain name
dispute resolution4.
HKIAC received a total of 514 disputes in 2021, of
which 277 were referred to arbitration (in 2015,
271 out of a total of 520 disputes were referred to
arbitration - the value of disputes was 6.2 billion
US dollars5, in 2016, 262 of a total of 460 disputes
were referred to arbitration - the value of
disputes was approx. 2.5 billion USD6, in 2017,
297 of the total 532 disputes referred to
arbitration - the value of disputes is
approximately 5 billion USD7, in 2018, 265 of the
total 520 disputes referred to arbitration - the
value of disputes is approximately 6.3 billion
USD8, in 2019 the total 308 out of 503 disputes
are related to arbitration - the value of disputes is
about 4.7 billion US dollars9, in 2020, 318 out of
483 disputes are related to arbitration - the value
of disputes is about 8.8 billion US dollars10)
respectively, the total value of these arbitration
cases is 54, 6 billion Hong Kong dollars (about 7
billion US dollars)11.
Disputes arising in 2021 are international trade
and trade of goods (24.2%), corporate (19.5%),
maritime (17%), banking and finance (16.2%),
construction (9.4%) , professional services
(5.8%), intellectual property (4%), energy
(1.4%), insurance (1.1%), labor (1.1%) and other
sectors.
Singapore International Arbitration Center
(SIAC) was established in Singapore in 1991.
SIAC
is
an
independent,
not-for-profit
organization that operates globally.
The experienced international team available at
SIAC includes more than 500 expert arbitrators
representing more than 40 jurisdictions.
SIAC has offices in several countries, notably India
(opened in Mumbai in 2013, opened in Gujarat in
2017), the USA (opened in New York in 2020), the
Republic of Korea (opened in Seoul) and China
(opened in Shanghai in 2016).
In 2021, SIAC received 469 applications with a
total value of 6.54 billion US dollars12 (in 2015 –
27113, in 2016 – 34314, in 2017 – 45215, in 2018
– 40216, in 2019 – 47917, in 2020 in the year -
108018), they are in trade - 143 (30%), in the
commercial field - 111 (24%), in the corporate
field - 66 (14%), in sea and sea cargo
transportation - 50 (11% ), in construction and
engineering - 41 (9%), in other fields - 58 (12%).
Volume 02 Issue 06-2022
110
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
02
I
SSUE
06
Pages:
107-110
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
METADATA
IF
–
7.356
R
EFERENCES
1.
Ўзбекистон Республикасининг “Ҳакамлик
судлари тўғрисида”ги Қонуни (2006 йил
16
октябр
ЎРҚ-64-сон)
/
https://lex.uz/docs/1072079
2.
https://data.egov.uz/data/6107d5772a2e25
6d868e8704
3.
https://www.hkiac.org/about-us
4.
Қиролича Мария номидаги Лондон
университети ва White&Case юридик
фирмаси
томонидан
2021
йилда
ўтказилган Халқаро арбитраж тадқиқоти
маълумотларига
қараганда,
дунёда
қўлланиладиган ва афзаллик бериладиган
арбитраж институтлари орасида HKIAC 3
ўринда туради.
5.
https://www.hkiac.org/sites/default/files/a
nnual_report/2015_Annual_Report_Final.pdf
6.
https://www.hkiac.org/sites/default/files/a
nnual_report/annual%20report%202016%2
0%28low%20resolution%29%20v2.pdf
7.
https://www.hkiac.org/sites/default/files/a
nnual_report/2017%20HKIAC%20Annual%
20Report%203469-5010-8172%20v.1.pdf
8.
https://www.hkiac.org/sites/default/files/a
nnual_report/annual%20report%203463-
7390-6190%20v.4.pdf
9.
https://www.hkiac.org/sites/default/files/a
nnual_report/Annual%20Report%20%28Lo
w%20resolution%29.pdf
10.
https://www.hkiac.org/sites/default/files/a
nnual_report/annual%20report%202020.pd
f
11.
https://www.hkiac.org/about-us/statistics
12.
https://siac.org.sg/images/stories/articles/a
nnual_report/SIAC-AR2021-FinalFA.pdf
13.
https://siac.org.sg/images/stories/articles/a
nnual_report/SIAC_Annual_Report_2015.pdf
14.
https://siac.org.sg/images/stories/articles/a
nnual_report/SIAC_AR_2016_24pp_WEBversi
on_edited.pdf
15.
https://siac.org.sg/images/stories/articles/a
nnual_report/SIAC_Annual_Report_2017.pdf
16.
https://siac.org.sg/images/stories/articles/a
nnual_report/SIAC_AR2018-Complete-
Web.pdf
17.
https://siac.org.sg/images/stories/articles/a
nnual_report/SIAC%20AR_FA-Final-
Online%20(30%20June%202020).pdf
18.
https://siac.org.sg/images/stories/articles/a
nnual_report/SIAC_Annual_Report_2020.pdf
