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

of November 20, 2023 No. 27

About some questions of application of legal acts by consideration of cases by economic courts with participation of foreign persons

The right to judicial protection of everyone, including participants of the international economic activity, is recognized and guaranteed by the Constitution of the Republic of Uzbekistan (Articles 24, 55, 139), legal acts of the Republic of Uzbekistan, the conventional principles and rules of international law, international treaties of the Republic of Uzbekistan.

For the purpose of ensuring the correct and uniform application by economic courts of the regulations of the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) regulating production on cases with participation of foreign persons, being guided by article 22 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

Chapter I. General questions and determination of the status of person participating in case

1. By hearing of cases with participation of the foreign organizations, international organizations, foreign citizens, stateless persons (further - foreign persons), including statements for recognition and the enforcement of judgment of foreign state or arbitration, and also for execution of the order of court of foreign state economic courts are guided by the Constitution of the Republic of Uzbekistan, the Convention "About Recognition and Carrying Out of Foreign Arbitral Decisions" signed on June 10, 1958 in the city of New York (further - the New York Convention), the Agreement "About procedure for the dispute resolution, connected with the implementation of economic activity" signed on March 20, 1992 in the city of Kiev (further - the Kiev Agreement), the Convention "About Legal Assistance and Legal Relations on Civil, Family and Criminal Cases" signed on January 22, 1993 in the city of Minsk (further - the Minsk Convention), The convention "About Legal Assistance and Legal Relations on Civil, Family and Criminal Cases" signed on October 7, 2002 in the city of Chisinau (further - the Chisinau Convention), the Convention "Concerning Civil Process" signed on March 1, 1954 in the Hague, international treaties of the Republic of Uzbekistan on rendering legal assistance, other acts of the legislation of the Republic of Uzbekistan, the conventional principles of international law.

2. The economic court takes measures to establishment of legal position of persons participating in dispute. It is necessary to take into account that confirmation of participant status of process as foreign person can cause application of foreign law according to Article 1158 of the Civil code of the Republic of Uzbekistan (further - group of companies).

3. The legal position of the foreign legal entity is determined by the country right where the legal entity is founded (it is registered or has the main location).

4. Civil legal capacity of the foreign organizations, not being legal entities on foreign law, is determined by the country right where the organization is founded.

Legal status of the foreign physical person is determined by the right of the country which citizen he is or in which constantly lives (stateless person).

Legal status of the foreign person - the entrepreneur is determined by the legislation of that country where it is registered as the entrepreneur.

5. The legal position of the foreign legal entity is confirmed, as a rule, by the legalized statement from the trade register (register) of country of source or other equivalent proofs of legal position recognized as those by the legislation of the country of organization.

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