RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of June 15, 2012 No. 238

About some questions of application of the legislation by consideration by economic courts of the cases connected with arbitration

For the purpose of ensuring the correct and uniform application by economic courts of regulations of the legislation by hearing of cases on cancellation of the decision of reference tribunal and issue of writ of execution on forced execution of the decision of reference tribunal, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan decides:

1. By hearing of cases about cancellation of the decision of reference tribunal and issue of writ of execution on forced execution of the decision of reference tribunal economic courts should be guided by the Law of the Republic of Uzbekistan "About reference tribunals" (further - the Law), the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) and other legal acts.

Explain to economic courts what put about cancellation of the decision of reference tribunal and issue of writ of execution on forced execution of the decision of reference tribunal are considered by the general rules provided by EPK with the features established in Chapters 28 and 29 of EPK.

2. Draw the attention of courts that the arbitration agreement is the written agreement of legal entities and physical persons about transfer of dispute on permission of reference tribunal and only in the presence of such agreement the dispute can be transferred to permission of reference tribunal. The arbitration agreement can be drawn up in the form of clause in the agreement which is agreement component, or in the form of the free standing agreement.

According to part one of article 13 of the Law the arbitration agreement shall contain regulations that all or certain disputes which arose or can arise between the parties of the arbitration agreement, are subject to consideration in reference tribunal.

Therefore, if the arbitration agreement contains regulations that all disputes which arose or can arise between the parties of the arbitration agreement, are subject to consideration in reference tribunal, then and the dispute on invalidity of the arbitration agreement is also subject to consideration in reference tribunal.

If the arbitration agreement contains regulations that certain disputes which arose or can arise between the parties of the arbitration agreement, are subject to consideration in reference tribunal, and does not contain provision of question of contest of the arbitration agreement, then the dispute on invalidity of the arbitration agreement is subject to consideration in economic court.

3. Courts should mean that according to part two of article 5 of the Law state governing bodies cannot form reference tribunals, and also to be the parties of the arbitration agreement.

If the dispute is considered by the reference tribunal formed by the specified bodies and/or the state governing body acted as the party of the arbitration agreement, then the decision of reference tribunal is subject to cancellation by economic court in relation to Item 3 parts one of article 226 EPK, and the statement for issue of writ of execution on forced execution of the decision of reference tribunal is subject to refusal in satisfaction in relation to Item 3 parts one of article 231 EPK.

4. According to article 29 EPK, by agreement of the parties arising or able to arise the dispute following from civil legal relationship and subordinated to economic court before adoption of the decision by it can be submitted by the parties of reference tribunal.

At the same time the agreement of the parties is meant as the arbitration agreement, the stipulated in Article 12 Laws.

If there is agreement of the parties on transfer of dispute on permission of reference tribunal and the possibility of the appeal to reference tribunal is not lost and if the defendant objecting to consideration of the case in economic court no later than the first statement on the substance of dispute declares the petition for transfer of dispute on permission of reference tribunal, then the economic court leaves the claim without consideration.

At the same time it is necessary to understand the opinion of the defendant in being of dispute stated in oral or written form before decision making as "the first statement".

5. According to Chapters 28 and 29 of EPK and Chapters 7 and 8 of the Law only the parties of arbitration, and with the statement for issue of writ of execution on forced execution of the decision of reference tribunal - the party of arbitration for benefit of which the decision is passed have the right to appeal to court with the statement for cancellation of the decision of reference tribunal.

Courts should mean that if the reference tribunal made the decision on the rights and obligations of persons who are not recruited in case, these persons can submit to economic court the application for cancellation of this decision based on part two of article 223 EPK.

5.1. Explain to courts that the requirement about collection for benefit of reference tribunal of the expenses connected with the dispute resolution in reference tribunal is not considered by rules, provided in Chapter 29 by EPK.

Therefore, if payment of the expenses connected with the dispute resolution in reference tribunal was delayed by reference tribunal, then the legal entity who formed reference tribunal has the right to file the action for declaration about collection of these expenses from the relevant party of arbitration in competent court in general procedure.

6. The application for cancellation of the decision of reference tribunal is submitted to economic court in the territory of which activities the decision of reference tribunal, and the statement for issue of writ of execution on forced execution of the decision of reference tribunal - in economic court in the location of reference tribunal or state registration of the debtor or if the place of state registration of the debtor is unknown, in the location of its property is made.

On this category of cases the rule about contractual cognizance provided in article 38 EPK is not applied.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info