INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCHERS
ISSN: 3030-332X Impact factor: 8,293
Volume 11, issue 2, May 2025
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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:
This thesis examines the issue of international jurisdiction in cross-border corporate
disputes, focusing on a comparative legal analysis of the legislation of Germany and Uzbekistan.
The increasing globalization of business activities has led to more frequent international corporate
disputes, requiring clear mechanisms for determining the appropriate court to resolve such
conflicts. Germany and Uzbekistan represent two different legal systems and approaches to
international jurisdiction, with Germany adhering to a well-established, flexible framework based
on party autonomy and international conventions, while Uzbekistan faces challenges related to its
national jurisdiction and the recognition of foreign judgments. This thesis explores the key
principles of international jurisdiction, the legal frameworks of both countries, and the practical
challenges that arise in cross-border corporate dispute resolution. The study also provides
recommendations for improving the effectiveness of international jurisdiction in Uzbekistan and
enhancing the resolution of cross-border corporate disputes in both countries.
Keywords:
International jurisdiction, cross-border corporate disputes, comparative legal analysis,
Germany, Uzbekistan, international agreements, party autonomy, recognition of foreign
judgments, dispute resolution.
In the context of globalization, the world economy is becoming increasingly interconnected,
leading to a rise in cross-border corporate disputes. Disputes between legal entities registered in
different countries require a specific approach to the issue of international jurisdiction, which
concerns the right to select the court to resolve the dispute. This issue becomes particularly
significant in corporate disputes, where factors such as the place of registration of the companies,
the place of performance of contracts, and the presence of foreign investments can influence the
determination of jurisdiction. Germany and Uzbekistan represent two distinct legal contexts,
making them an interesting subject for comparative analysis in the area of international
jurisdiction.
1. Basic Principles of International Jurisdiction in Cross-Border Corporate Disputes
International jurisdiction refers to the set of rules governing the selection of the court that will
resolve a dispute between parties in different countries. In this context, key principles include the
autonomy of the parties (the ability of the parties to agree on the jurisdiction of their choice) and
universality, where the dispute can be brought before the courts of a particular country regardless
of the parties' preferences. Germany and Uzbekistan, as countries with different legal traditions,
each have their unique features in regulating these principles.
2. Legal Regulation of International Jurisdiction in Germany
Germany, as a leading country in Europe, has a well-developed legal system for regulating
international jurisdiction. In the context of international corporate disputes, Germany adheres to
the principle of party autonomy, which allows the parties to a contract to agree in advance on
which court will resolve any disputes arising from their obligations. This principle is enshrined in
INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCHERS
ISSN: 3030-332X Impact factor: 8,293
Volume 11, issue 2, May 2025
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167
the German Civil Procedure Code and international agreements such as EU Regulation No.
1215/2012, which sets out jurisdictional rules within the European Union.
Additionally, German law widely utilizes international conventions such as the Hague Convention,
which governs the recognition and enforcement of foreign arbitral awards in international
corporate disputes. German case law also incorporates a significant div of judicial practice in the
area of corporate disputes, taking international norms into account, thus ensuring effective dispute
resolution in the context of a globalized economy.
3. Legal Regulation of International Jurisdiction in Uzbekistan
In contrast to Germany, Uzbekistan, while actively developing its legal system within the
framework of international cooperation, faces certain challenges in the area of international
jurisdiction. As of the time of this research, Uzbekistan follows the principle of national
jurisdiction, which means that domestic courts are often given preference to resolve disputes with
national interests.
Nevertheless, Uzbekistan is a party to a number of international agreements, such as the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which significantly
broadens the opportunities for resolving disputes through international arbitration institutions. In
recent years, Uzbekistan's legal framework has been undergoing reforms aimed at integrating best
international practices and ensuring greater flexibility for foreign investors, particularly regarding
jurisdictional matters.
4. Comparative Analysis of Jurisdictional Mechanisms in Corporate Disputes in Germany
and Uzbekistan
Based on the points discussed above, several key differences between Germany and Uzbekistan’s
approaches to international jurisdiction in corporate disputes can be highlighted. In Germany, the
high level of legal maturity and integration into international legal systems allows companies to
effectively agree on the venue for resolving disputes, eliminating uncertainty in the dispute
resolution process.
In Uzbekistan, however, despite its international commitments such as arbitration agreements, the
process of selecting jurisdiction for cross-border corporate disputes may be more limited, and
companies may face difficulties in choosing a neutral jurisdiction for resolving disputes.
Additionally, in Uzbekistan, there are challenges related to the recognition and enforcement of
foreign judgments, particularly if the judgment was issued by a country that is not a party to the
agreements that Uzbekistan has joined.
5. The Impact of International Agreements on Jurisdictional Practices in Corporate
Disputes
International agreements play a crucial role in determining jurisdiction in cross-border corporate
disputes. Germany, as a member of the European Union, actively utilizes European Regulation
1215/2012 to determine jurisdiction within the EU. For non-EU countries such as Uzbekistan,
international conventions like the Convention on the Recognition and Enforcement of Foreign
Arbitral Awards provide a legal basis for resolving disputes on the international level.
However, for Uzbekistan, key issues remain regarding the recognition and enforcement of foreign
judgments and arbitral awards, which affects the selection of specific jurisdictions. Unlike
Germany, where the legal system for recognizing foreign judgments is well-developed,
Uzbekistan is still in the process of integrating with the international legal framework, which can
present difficulties in practice.
INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCHERS
ISSN: 3030-332X Impact factor: 8,293
Volume 11, issue 2, May 2025
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6. Practical Recommendations for Resolving Cross-Border Corporate Disputes
To effectively resolve cross-border corporate disputes, several key factors must be considered.
Firstly, it is crucial to agree on jurisdiction in the contract in advance, as this will help avoid
conflicts and uncertainties in the future. Secondly, the specifics of international agreements and
conventions regulating the recognition and enforcement of judgments must be taken into account.
Thirdly, legal systems such as the German system provide more flexible and predictable
mechanisms for resolving disputes, which offers greater opportunities for companies operating
internationally.
The comparative analysis of the legislation of Germany and Uzbekistan on international
jurisdiction reveals significant differences in their approaches to resolving cross-border corporate
disputes. Germany, with its integrated legal system and participation in international conventions,
offers more flexible and predictable mechanisms for dispute resolution. In Uzbekistan, despite
efforts to improve the legal framework and integrate with international agreements, challenges still
exist in ensuring effective international jurisdiction. It is important to note that further integration
of Uzbekistan into international legal systems and the development of its legal infrastructure could
significantly improve the situation regarding the resolution of cross-border corporate disputes in
the future.
LIST OF REFERENCES USED:
1.
European Union Regulation (EC) No. 1215/2012
on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (Brussels I Regulation).
2.
The Hague Convention on the Recognition and Enforcement of Foreign Arbitral
Awards (1958)
, United Nations.
3.
Civil Procedure Code of Germany
, 2020.
4.
Law of the Republic of Uzbekistan on Arbitration (2018)
, regulating the recognition and
enforcement of foreign arbitral awards.
5.
International Arbitration Act of Uzbekistan (2020)
, governing cross-border arbitration
and dispute resolution.
6.
UNCITRAL Model Law on International Commercial Arbitration
(1985, as amended in
2006).
7.
Pillars of International Commercial Law
by S. B. Marant, Cambridge University Press,
2015.
8.
Cross-Border Dispute Resolution: Legal Aspects of International Litigation
by A. L.
Schwartz, Oxford University Press, 2017.
9.
The Recognition and Enforcement of Foreign Judgments: A Comparative Analysis
by
K. H. Ginsburg, Springer, 2016.
10.
Comparative Law: A Handbook
by U. R. Berthold, Oxford University Press, 2014.
11.
International Business Law: A Practical Guide
by J. M. Loughran, Routledge, 2018.
12.
The Role of International Agreements in Commercial Disputes
by M. D. Sinclair,
Journal of International Business and Law, 2020.
