of February 16, 2021 No. ZRU-674
About the international commercial arbitration
Accepted by Legislative house on August 5, 2020
Approved by the Senate on September 11, 2020
The purpose of this Law is regulation of the relations in sphere of activity of the international commercial arbitrations.
The legislation on the international commercial arbitration consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about the international commercial arbitration then are applied rules of the international treaty.
In case of interpretation of regulations of this Law it is necessary to consider its international origin and need to assist achievement of uniformity in its application and to respect for conscientiousness.
Questions which belong to subject of regulation of this Law and which directly in it are not resolved are subject to permission according to the general principles on which this Law is based.
This Law is applied to the international commercial arbitration with observance of the agreements existing between the Republic of Uzbekistan and other state (states).
The disputes arising from all relations of commercial nature, both contractual, and not contractual by agreement of the parties can be transferred to the international commercial arbitration.
The arbitration is international if:
1) commercial enterprises of the parties of the arbitral agreement at the time of its conclusion are in the different states; or
2) one of the following places is outside the state in which the parties have the commercial enterprises:
a) the arbitration place if it is determined in the arbitral agreement or according to it;
b) any place where considerable part of the obligations following from the commercial relations or the place with which the matter in issue is most closely connected shall be performed; or
3) the parties directly agreed that the subject of the arbitral agreement is connected more than with one country.
For the purposes of part four of this Article if party:
Has 1) more than one commercial enterprise, is considered commercial enterprise that which has the most close connection with the arbitral agreement;
2) has no commercial enterprise, its usual location (residence) is taken into account.
This Law does not affect operation of any other law of the Republic of Uzbekistan owing to which certain disputes cannot be referred to arbitration or can be referred to arbitration only according to the provisions which are not provisions of this Law.
In this Law the following basic concepts are applied:
arbitration - the procedure of the dispute resolution, irrespective of whether it is performed by the permanent arbitral organization or Arbitration Court created for permission of specific dispute;
arbitral organization - the organization performing administration of the international commercial arbitration;
the arbitrator - the physical person designated by the parties in collateral order for the dispute resolution in arbitration;
Arbitration Court - the single arbitrator or board of arbitrators;
court - the relevant court of judicial system of the Republic of Uzbekistan.
If any provision of this Law, except for Articles 44, gives to the parties opportunity to make decisions on certain question, the parties can charge adoption of such decision to any third party, including organization.
If in any provision of this Law the reference that the parties agreed or that they can agree is had, or any other reference to the agreement of the parties, such agreement includes any arbitral rules specified in this agreement.
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