The USA Journals Volume 03 Issue 04-2021
229
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
229-234
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-35
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article discusses the problems of legal regulation of recognition and enforcement of foreign
arbitral awards in Uzbekistan, as well as issues regarding the general procedure for the recognition
and enforcement of international commercial arbitral awards, the extend of dissemination of
information and the availability and collection of a database on this category of cases, the need for
clarification of " Public Order”, a review of the current national legislation was carried out. Studied the
positive experience of countries with developed legislation regarding the above problems in the
recognition and enforcement of foreign arbitral awards. On the basis of the analysis, proposals and
recommendations for improving the current legislation are given.
KEYWORDS
The recognition and enforcement of international commercial arbitral awards, the availability of a
database and collection of information on these categories of cases, public order.
INTRODUCTION
It should be noted that in accordance with the
Strategy of Action on the five priority areas of
Development of the Republic of Uzbekistan in
2017-2021, the democratization of the judicial
and
legal
system,
ensuring
its
true
independence and strengthening guarantees
Problems Of Legal Regulation Of Recognition And
Enforcement Of International Arbitral Awards In Uzbekistan
Sherali Subkhonov
Master Student, Department Of “Business Law” Tashkent State University Of Law, Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 04-2021
230
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
229-234
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-35
I
MPACT
F
ACTOR
2021:
5.
952
of reliable protection of the rights, freedoms
and legitimate interests of citizens is one of the
important areas of reforms being implemented
in Uzbekistan.
In the light of this, one of the most important
areas of international legal cooperation and
legal assistance is the recognition and
enforcement of international commercial
arbitral awards on the territory of the Republic
of Uzbekistan. This issue is directly related to
the developpment of the judicial and legal
system and is an indicator of the
implementation of international standards in
the field of the rule of law.
The lack of a single legislative act regulating the
process of recognition and enforcement of
international commercial arbitral awards, a
single methodology for considering such
disputes in economic and civil courts, especially
when challenging such awards, leads to
misunderstandings on the part of law
enforcement bodies and different application
of certain rules governing the procedure for
recognition and enforcement of international
commercial arbitral awards, which requires
scientific study of this institute, taking into
account foreign experience.
When considering cases on the recognition and
enforcement of a international commercial
arbitral awards, the courts of the Republic of
Uzbekistan apply the following international
treaties of the Republic of Uzbekistan:
The Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (New
1
https://uncitral.un.org/sites/uncitral.un.org/files/m
edia-documents/uncitral/ru/new-york-convention-
r.pdf
2
http://icsidfiles.worldbank.org/ICSID/ICSID/StaticFil
es/basicdoc/partA.htm
York Convention) regulates the recognition
and enforcement of arbitral awards made in
the territory of a State other than the State
where recognition and enforcement of such
awards is sought, disputes on which both
natural and legal persons may be parties. It also
applies to arbitral awards that are not
considered to be domestic awards in the State
where their recognition and enforcement is
sought
1
.
The Convention" On the Settlement of
Investment Disputes between States and
Foreign Persons " (Washington Convention) -
regulates the settlement of investment
disputes between participating States and
investors.
The
Washington
Convention
imposes an obligation on States parties to
consider decisions rendered by the arbitration
of the International Center for the Settlement
of Investment Disputes (ICSID) as binding,
recognizing the legal force of decisions
rendered by the courts of this State
2
.
THE MAIN FINDINGS AND RESULTS
The Agreement "On Settling Disputes Related
to Commercial Activities " (Kiev Agreement) -
regulates the resolution of cases arising from
contractual and other civil law relations
between economic entities, from their
relations with state and other bodies, as well as
the execution of decisions on them
3
.
The Convention Legal Assistance and Legal
Relations in Civil, Family and Criminal Matters
(Minsk Convention) regulates the provision of
3
http://www.cisarbitration.com/2017/02/03/kiev-
convention-on-settling-disputes-related-to-
commercial-activities/
The USA Journals Volume 03 Issue 04-2021
231
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
229-234
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-35
I
MPACT
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ACTOR
2021:
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952
legal assistance and legal relations in civil,
family and criminal matters, including the
recognition and enforcement of decisions
made in the territory of other Parties to the
Convention
4
.
In addition, when considering cases on the
recognition and enforcement of decisions of
international commercial arbitrations, the
courts of the Republic of Uzbekistan apply the
norms and provisions of the economic
5
and
civil Procedure Codes
6
of the Republic of
Uzbekistan, the Law of the Republic of
Uzbekistan "On the Execution of Judicial Acts
and Acts of other bodies"
7
and other normative
legal acts
The current legal regimes for the recognition
and enforcement of international commercial
arbitration awards vary depending on the type
of award and the content of the international
treaty. At the same time, the legislation does
not answer the question of how the decision of
the international commercial arbitration on
recognition will be enforced, for example, if it
requires registration in special registers on the
territory of the Republic of Uzbekistan.
In general, in world practice, there are three
main ways to recognize and enforce an
international commercial arbitration award:
1)
When a procedure for the recognition of
this awards is necessary, i.e. the so-called
4
http://www.cisarbitration.com/2017/02/03/minsk-
convention-on-legal-assistance-and-legal-relations-
in-civil-family-and-criminal-matters/
5
https://lex.uz/docs/3523895
6
https://www.lex.uz/docs/3517334
7
https://lex.uz/docs/13896
8
https://cyberleninka.ru/article/n/ispolnenie-
inostrannyh-sudebnyh-resheniy
"issuance of an exequatur"
8
(for example,
in France, Belgium);
2)
When it is sufficient to verify the
correctness of the decision only from a
formal point of view, as well as not
contradicting its public policy in the
country of the court (for example, in Italy)
9
.
3)
When foreign court decisions require
registration of the decision in a special
register (in the UK)
10
One of the key problems is the lack of detailed
information on the procedure for the
recognition and enforcement of international
commercial arbitration awards in a simplified
and understandable form. This procedure is
provided exclusively in the procedural
legislation and international treaties of the
Republic of Uzbekistan. National legislation is
only provided in Russian and Uzbek, without
translation into English.
Also, the information systems implemented in
civil courts, which allow applicants to submit
applications to the courts in electronic form, do
not contain such a type of appeal as "An
application for recognition and enforcement of
an
international
commercial
arbitration
award". A similar system implemented in
economic courts, although it contains this type
of appeal, refers it to the claim proceedings,
which is misleading about the procedure and
timing of consideration of such applications.
9
Манцевич Т. Признание и исполнение иностранных
судебных и арбитражных решений // Бюллетень
нормативно-правовой информации. – 2002. – № 30. C.
22
10
Габриэл С., Дамбургс Н. Признание и приведение в
исполнение решений российских судов на территории
Англии и Уэльса.
file:///C:/Users/Rano's%20Netbook/Downloads/14042041
28.pdf
The USA Journals Volume 03 Issue 04-2021
232
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
229-234
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-35
I
MPACT
F
ACTOR
2021:
5.
952
In addition, the existing differences in the
economic and civil procedure codes of the
Republic of Uzbekistan do not contribute to
the formation of uniform judicial practice.
Among such differences, we can note different
courts considering applications for recognition
and
enforcement
of
an
international
commercial arbitration award (in economic
courts, such applications are considered by
second-tier courts, and in civil courts-by first-
tier courts), different terms of consideration of
such applications (in economic courts, such
applications are considered within six months,
and in civil courts - within one month from the
date of receipt of the application for
recognition
and
enforcement
of
an
international commercial arbitration award).
Significant differences that cause difficulties
include the grounds for refusal to recognize
and enforce the decision of international
commercial arbitration, given in the economic
and civil procedure codes of the Republic of
Uzbekistan.
If article 370 of the Civil Procedure Code of the
Republic of Uzbekistan combines in one article
the grounds for refusal as " decisions of a
foreign court or a foreign arbitration court
(arbitration)", the Economic Procedure Code
contains two articles providing for the grounds
for refusal to recognize and enforce a decision
of a foreign court (Article 255) and a decision of
a foreign arbitration (Article 256). It should be
noted that international treaties of the
Republic of Uzbekistan contain various
grounds for refusing to recognize and enforce
decisions of foreign arbitration courts
(provided for in the Minsk Convention) and
decisions of foreign arbitrations (provided for
in the New York Convention).
As noted above, the information systems of
civil courts that allow filing applications to the
courts in electronic form do not contain such a
type of appeal as "An application for
recognition and enforcement of a decision of a
foreign court or arbitration", and a similar
system implemented in economic courts,
although it contains this type of appeal, refers
it to the claim proceedings.
As a result, the bank of court decisions on civil
cases posted on the website of the Supreme
Court does not allow to create a list of cases of
this category for studying judicial practice. And
as a result of the incorrect classification of this
type of appeals, the bank of decisions of
economic courts forms a list of cases in which
the decisions based on the results of
consideration of applications for recognition
and
enforcement
of
an
international
commercial arbitration award are incorrectly
indicated as decisions or a ruling on
termination of the case.
Taking into account that such information
systems are aimed, among other things, at
collecting complete and reliable information
about the courts for the consideration of
applications, the absence of such a category of
applications or the incorrect classification of
such a category of applications leads to
incomplete collection of information about the
activities of courts for the consideration of
applications for recognition and enforcement
of an international commercial arbitration
award. This circumstance leads to the need for
manual collection and analysis of information
on these types of cases, which can lead to a
decrease in the objectivity and reliability of
data on the activities of the courts. As a result,
there is no way to determine the state of the
rule of law in Uzbekistan.
The USA Journals Volume 03 Issue 04-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
229-234
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-35
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2021:
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In addition, the allocation of a separate
category of applications for recognition and
enforcement of an international commercial
arbitration award, as well as an indication of
the list of necessary information to be specified
in the application and appendices to be
attached to the application, will simplify the
submission of such applications to the courts.
Article 5 of the New York Convention lists the
grounds for refusing to recognize and enforce
an award, including if the recognition and
enforcement of that award is contrary to the
public policy of that country. But the norms of
the current legislation do not give a clear
definition of public order, and the criteria for
which the decision is considered contrary to it.
It should be noted that the number of denials
of recognition and enforcement is currently at
a low level. Moreover, there is no information
that the courts refused recognition and
enforcement on this basis.
However, the absence of a clear concept of
"public order" in the norms of the current
legislation and the criteria for determining
contradictions to public order may further lead
to different interpretations of the norms in
judicial practice.
Insufficient awareness of the procedure for the
recognition and enforcement of international
arbitral awards in Uzbekistan requires the
following measures:
Wide dissemination of information both on
the territory of the Republic of Uzbekistan
and at the international level;
Inclusion of the necessary information in
international databases and published
publications with relevant topics;
Conducting training sessions for relevant
judicial and law enforcement officials to
ensure uniform enforcement;
Introduction of the possibility of a full-
fledged electronic (online) appeal to the
courts with applications for recognition
and
enforcement
of
decisions
of
international arbitrations, including the
introduction of functions to support
foreign languages in the information
systems of courts.
CONCLUSION
Further, the formation of a unified mechanism
of law enforcement by civil and economic
courts, taking into account international
agreements of the Republic of Uzbekistan, the
specifics of recognition and enforcement of
decisions of state courts of the CIS countries,
other foreign countries, as well as international
arbitrations.
Further, the legislative consolidation of the
concept of "public order" and other grounds
for challenging the decision of international
commercial arbitration.
Further, the lack of a single database on cases
on the recognition and enforcement of
international arbitration awards shows the
need to create a single electronic system and
database on such categories of cases as a
separate category and to analyze the
implementation of the country's international
obligations under concluded bilateral and
multilateral international treaties.
Further, the lack of a single database on cases
on the recognition an enforcement of
international arbitration awards shows the
need to create a single electronic system and
The USA Journals Volume 03 Issue 04-2021
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
229-234
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-35
I
MPACT
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2021:
5.
952
database on such categories of cases as a
separate category and to analyze the
implementation of the country's international
obligations under concluded bilateral and
multilateral international treaties.
REFERENCES
1.
The Convention on the Recognition and
Enforcement of Foreign Arbitral Awards
(New
York
Convention)
//URL:
https://uncitral.un.org/sites/uncitral.un.or
g/files/media-documents/uncitral/ru/new-
york-convention-r.pdf
2.
The Convention" On the Settlement of
Investment Disputes between States and
Foreign
Persons
"
(Washington
Convention)
//URL:
http://icsidfiles.worldbank.org/ICSID/ICSI
D/StaticFiles/basicdoc/partA.htm
3.
The Agreement "On Settling Disputes
Related to Commercial Activities " (Kiev
Agreement)
//URL:
http://www.cisarbitration.com/2017/02/03
/kiev-convention-on-settling-disputes-
related-to-commercial-activities/
4.
The Convention Legal Assistance and
Legal Relations in Civil, Family and Criminal
Matters (Minsk Convention) //URL:
http://www.cisarbitration.com/2017/02/03
/minsk-convention-on-legal-assistance-
and-legal-relations-in-civil-family-and-
criminal-matters/
5.
Bilateral investment protection and
promotion
agreements
signed
by
Uzbekistan
URL:
http://invest.gov.uz/ru/investor/russkij-
dvustoronnie-dogovora/
6.
Economic Procedural Code of the Republic
of Uzbekistan //URL:
https://lex.uz/docs/3523895
7.
Civil Procedural Code of the Republic of
Uzbekistan //URL:
https://www.lex.uz/docs/3517334
8.
Law of the Republic of Uzbekistan "On the
Execution of Judicial Acts and Acts of
Other
Bodies»
//URL:
https://lex.uz/docs/13896
9.
Ж.-П. Ансель, М. Абасси Исполнение
иностранных судебных решений //URL:
https://cyberleninka.ru/article/n/ispolneni
e-inostrannyh-sudebnyh-resheniy
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Манцевич Т. Признание и исполнение
иностранных судебных и арбитражных
решений // Бюлле¬тень нормативно-
правовой информации. – 2002. – № 30. C.
22.
11.
Габриэл С., Дамбургс Н. Признание и
приведение в исполнение решений
российских судов на терри¬тории
Англии и Уэльса.
//URL:
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oads/1404204128.pdf
