INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCHERS
ISSN: 3030-332X Impact factor: 8,293
Volume 11, issue 2, May 2025
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169
INTERNATIONAL JURISDICTION IN CROSS-BORDER CORPORATE DISPUTES: A
COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF GERMANY AND UZBEKISTAN
Madina Yeseniyazova Ergashevna
Lawyer at “Custodio” Law firm
Abstract:
International jurisdiction in cross-border corporate disputes represents one of the most
pressing challenges in modern legal practice, particularly in the context of globalization. This
paper presents a comparative legal analysis of the legislative frameworks of Germany and
Uzbekistan in this area. The analysis reveals significant differences and shared trends that affect
the efficiency of resolving corporate disputes involving foreign elements. While Germany offers
a predictable and transparent legal system supported by international conventions and robust
judicial practice, Uzbekistan is still in the process of legal reform and institutional development.
The paper concludes with recommendations for Uzbekistan to enhance its international
jurisdiction system through legislative improvements, judicial training, and stronger cooperation
with international arbitration institutions.
Keywords:
International jurisdiction, cross-border disputes, corporate law, arbitration, Germany,
Uzbekistan, legal reform, comparative analysis, enforcement of foreign judgments, UNCITRAL,
New York Convention.
International jurisdiction in cross-border corporate disputes is one of the central issues in
contemporary legal practice, especially amid the growing globalization of business. A
comparative analysis of the legal frameworks of Germany and Uzbekistan in this domain reveals
essential differences and common trends that directly impact the effectiveness of resolving
corporate disputes with foreign elements.
Germany’s system of international jurisdiction is characterized by a high degree of predictability
and transparency, thanks to well-established legal norms based on UNCITRAL principles and
international conventions such as the 1958 New York Convention. German courts exhibit
consistency in recognizing and enforcing foreign arbitral awards, fostering a favorable
environment for foreign investors and participants in cross-border corporate litigation.
The widespread use of arbitration clauses and the availability of effective enforcement
mechanisms further strengthen international confidence in German jurisdiction. The rule of law,
combined with procedural efficiency and judicial competence, contributes significantly to
Germany’s reputation as a reliable forum for resolving international commercial disputes.
Uzbekistan’s legislation on international jurisdiction is currently undergoing active development
and reform. The adoption of the Law “On Arbitration Courts” and the ratification of the New
York Convention marked substantial progress toward integrating into the global commercial
dispute resolution system.
However, several challenges remain. These include inefficiencies in enforcing foreign arbitral
awards, insufficient expertise among judges in international commercial law, and bureaucratic
hurdles that complicate the recognition and enforcement of foreign judicial decisions. Despite
INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCHERS
ISSN: 3030-332X Impact factor: 8,293
Volume 11, issue 2, May 2025
https://wordlyknowledge.uz/index.php/IJSR
worldly knowledge
Index:
google scholar, research gate, research bib, zenodo, open aire.
https://scholar.google.com/scholar?hl=ru&as_sdt=0%2C5&q=wosjournals.com&btnG
https://www.researchgate.net/profile/Worldly-Knowledge
https://journalseeker.researchbib.com/view/issn/3030-332X
170
ongoing reforms, judicial practice in Uzbekistan remains unstable and lacks consistency in
addressing cross-border corporate disputes.
The comparative analysis indicates that enhancing the effectiveness of Uzbekistan’s international
jurisdiction system requires more than just legislative reform. Priority must also be given to
judicial training, the implementation of modern procedural standards, and the development of
partnerships with international arbitration institutions.
Germany serves as a strong model for Uzbekistan in building a transparent, predictable, and
efficient system for resolving corporate disputes with foreign components.
An effective system of international jurisdiction in cross-border corporate disputes is attainable
only through harmonization of national legislation with international standards, the development
of consistent judicial practice, and the establishment of favorable procedural conditions for the
recognition and enforcement of foreign decisions.
Germany’s experience confirms that coherent legal enforcement and openness to international
cooperation are the cornerstones of a successful international jurisdiction system. For Uzbekistan,
key priorities remain legislative reform, enhanced judicial professionalism, and the elimination
of administrative barriers. These efforts will contribute to creating a more attractive and reliable
jurisdiction for resolving cross-border corporate disputes.
List of References Used:
1. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
(1958).
2. UNCITRAL Model Law on International Commercial Arbitration (1985, with amendments).
3. German Code of Civil Procedure (Zivilprozessordnung – ZPO).
4. Law of the Republic of Uzbekistan "On Arbitration Courts".
5. Constitution of the Republic of Uzbekistan.
6. Reports and legal commentary by the German Federal Ministry of Justice.
7. Official website of the Supreme Court of Uzbekistan –
8. UNCTAD – Investment Policy Reviews: Uzbekistan (latest edition).
9. OECD Reports on Legal Reform in Central Asia.
10. German Institution of Arbitration (DIS) – Guidelines and Case Law Analysis.
