Law of Uzbekistan “On arbitration courts” (ch 6-9)
Chapter 6. Arbitration court certificatesArticle 38. Rendering the decision by the arbitration court
After investigating the circumstances of the dispute, the arbitration court renders its decision by the majority of votes of the arbitrators who form the panel of the arbitration court.
The decision is declared during the arbitration court session. The arbitration court has the right to declare only the resume of the decision. In this case an argumented decision should be directed to the parties of arbitration proceedings on time, not exceeding ten days from the date of the announcement of the resume of the decision. The arbitration court decision comes into force from the moment of its rendering.
The arbitration court has the right, if it considers it necessary, to postpone rendering the decision and to renew the arbitration proceedings, in regard of which it informs the parties to the arbitration proceedings in compliance with the order established by article 34 and the third part of article 35 of the present Law.
According to the petition of the parties to the arbitration proceedings, the arbitration court can render the decision that upholds the conciliation agreement, if the conciliation agreement does not contradict to the legislation and does not infringe on the rights and the legitimate interests of other persons. The content of the conciliation agreement is stated in the arbitration court decision.
Article 39. The Form and content of the decision of the arbitration court
The arbitration court decision is stated in writing and is signed by the arbitrators who form the panel of the arbitration court, including the arbitrator having a separate opinion. The separate opinion of the arbitrator is attached to the arbitration court decision.
The following should be specified in the arbitration court decision:
The date of rendering the decisions;
Place of arbitration proceedings;
The structure of the arbitration court structure;
Names and the locations (post addresses) of the legal entities, a surname, names, father names, residences of the physical persons who are the parties of the arbitration proceedings, a surname, names, father names of the representatives of the parties of arbitration proceedings with instructions of their powers;
Arguments that upholds the competence of the arbitration court;
Claims of the claimant and objections of the respondent, and also their petitions;
The circumstances of the dispute established by the arbitration court, evidences, on which the arbitration court bases its conclusions with respect to these circumstances, norms, that serve as a guidance for the arbitration court when rendering the decision
The resume part of the decision should contain the arbitration court’s conclusions with respect to the satisfaction or refusal to satisfy each declared claim requirement. In the resume part, the sum of the expenses related to the resolution of the dispute in the arbitration court, distribution of the specified expenses between the parties of arbitration proceedings, and if necessary – the period and the order of executing the rendered decision .
After the decision has been rendered, each party to the arbitration proceedings shall be handed over or shall receive this decision within ten days.
Article 40. The additional decision
If the parties to the arbitration proceedings have not agreed otherwise, one of the parties, having notified on it the other party, can refer to the same arbitration court within ten days after receiving the decision of this arbitration court in order to issue an additional decision with respect to the claims which have been filed and considered, but nevertheless are not included in the arbitration court decision. This request is subject to consideration by the panel of the arbitration court which has resolved dispute, within ten days after its receipt.
Consideration of the written request for the additional decision is carried out during the session of the arbitration court in compliance with the provisions of article 34 and the third part of article 35 of the present Law.
Having considered the written request for the additional decision, the arbitration court renders the additional decision, which is a component part of the decision of the arbitration court, or renders the order of refusal to render the additional decision.
Article 41. Explanation of the decision.
The party of arbitration proceedings has the right, having notified the other party of arbitration proceedings about it, within ten days after the receipt of the decision of the arbitration court, to refer to the same arbitration court by filing the written request to render explanation of the decision. The written request to render explanation of the decision is subject to consideration by the panel of the arbitration court which has resolved dispute, within ten days after its receipt.
The arbitration court has the right to give explanation to the rendered decision, without changing the contents of the latter. Having considered the written request for the explanation, the arbitration court renders the order of explanation of the rendered decision, which forms the component part of the decision of the arbitration court.
Article 42. Correction of typos and arithmetic errors
The arbitration court, which rendered the decision on dispute, has the right to correct under the written request of the party to the arbitration proceedings the noted typos and arithmetic errors. The written request for correction of the noted typos and arithmetic errors is subject to consideration by the panel of the arbitration court which has resolved the dispute, within ten days after its receipt.
Having considered the corresponding written request, the arbitration court renders its order on correction of typos and arithmetic errors which are the component parts of the rendered decision of the arbitration court.
Article 43. The order of the arbitration court
The arbitraitno court gives it order on the issues are not related to the merits of the case
The order of the arbitration court is not subject to the appeal.
Article 44. The termination of the arbitration proceedings
The arbitration court stops arbitration proceedings, if:
The arbitration court has given the order on the absence of its jurisdiction to resolve the dispute referred to its resolution
The claimant has withdrawn his claims and the respondent has not declared objections to the termination of arbitration proceedings;
The parties of arbitration proceedings have reached the agreement on the termination of arbitration proceedings;
The parties of arbitration proceedings have concluded the conciliation agreement, and it is upheld by the decision of the arbitration court;
The legal body, which is the party to the arbitration proceedings, is liquidated in accordance with the legislation;
The physical person, who is the party to the arbitration proceedings, has died or is declared to be dead or recognised as absent due to unknown reasons, and no statement from his successor to continue the arbitration proceedings is made;
There is a competent or an arbitration court’s decision, which has entered into force and was made in regard of the same subject and the same grounds of the claim
A dispute, considered by the arbitration court, which stopped its proceedings with respect to resolution of this dispute on the grounds provided in the second paragraph of the first part of this article, can be referred by one of the parties of the stopped arbitration proceedings to the competent court.
Article 45. Compiling the disputes considered by the arbitration court in the archive
The cases considered by the permanent arbitration court, are stored in the given arbitration court within three years, if the rules of the permanent arbitration court do not define a longer term.
The case considered by the ad hoc arbitration court goes to the archive of the competent court within a month after the decision is rendered
Chapter 7. Challenging the decision of the arbitration court
Article 46. Challenging the decision of the arbitration court in the competent court
The arbitration court decision can be challenged by the party of arbitration proceedings though filing the application on challenging the decision of the arbitration court in the competent court within thirty days from the date of its receipt.
The filing of the application on challenging the decision of the arbitration court stops the procedures of enforcing the decision of the arbitration court until the competent court ends the judicial proceedings on resolution of this dispute.
Article 47. The bases for cancellation of the decision of the arbitration court
When considering the written request for cancellation of the decision of the arbitration court, the competent court has no right to investigate the circumstances established by the arbitration court, or to reconsider the arbitration court decision on the merits of the case.
The arbitration court decision is subject to cancellation by the competent court, if the party of the arbitration proceedings, which filed the written request to cancel the decision of the arbitration court, proves that:
The arbitration agreement is void on the grounds provided by the legislation;
The arbitration court decision is rendered on the issue not allowed to be the subject of the arbitration proceedings in accordance with the arbitration agreement, or does not satisfy the conditions stipulated in the arbitration agreement, or consists of the conclusions that fall outside the agreed limits of the arbitration agreement. If the arbitration court conclusions in regard of the issues which are covered by the arbitration agreement, can be separated from conclusions on in regard of the issues which are not covered by such agreement, only the latter can be cancelled.
The arbitration court decision is rendered while the requirements of the first and third parts of article 10 of the present Law are not fulfilled;
The structure of the arbitration court or arbitration proceedings did not correspond to the provisions of articles 14, 15, 16 and 25 of the present Law;
The party to the arbitration proceedings in whose detriment the arbitration court decision is rendered, has not been properly notified on election (appointment) of arbitrators or about the time and a place of the session of the arbitration court and consequently could not provide the arbitration court with the explanations.
The arbitration court decision is subject to cancellation by competent court if the dispute considered by the arbitration court, cannot be a subject of arbitration proceedings according to the legislation.
Article 48. Consequences of cancellation of the decision of the arbitration court
In case if the decision of the arbitration court is cancelled by competent court, the parties to the arbitration proceedings have the right to again refer to the arbitration according to the arbitration agreement.
In case if the arbitration court’s decision is cancelled in full or in part due to invalidity of the arbitration agreement or because the decision is rendered on the merits of the dispute which is not the subject of the arbitraito nagreement, or the dispute cannot be the subject of the arbitration proceedings, this dispute is not subject to further consideration by the arbitration court.
Chapter 8. Execution of the decision of the arbitration court
Article 49. Voluntary execution of the decision of the arbitration court
The arbitration court decision is executed on the voluntary basis in accordance with the order and within the time limit which are established in this decision.
If the date of performance is not established in the decision of the arbitration court, it is subject to immediate execution.
Article 50. Compulsory enforcement of the decision of the arbitration court
If the arbitration court decision is not executed voluntarily within the time limit established by the decision of the arbitration court, it is subject to compulsory enforcement. Compulsory enforcement of the decision of the arbitration court is carried out in accordance with the law of the Republic of Uzbekistan "On execution of the judicial decisions and the decisions of other organs" on the basis of the order of the competent court.
Article 51. The written request for the competent court order
The written request for the competent court order is to be filed by the party to arbitration proceedings in whose favour the decision was made.
The following are attached to the written request for the competent court order:
Certified copy of the decision of the arbitration court
The copy of the decision of permanent arbitration court is to be signed by the chairman of this arbitration court, and the signature of the arbitrator on a copy of the decision of the ad hoc arbitration court should be certified by the notary;
Copy of the arbitration agreement concluded according to the provisions of articles 12 and 13 present Law
The documents confirming payment of a state tax in accordance with the established order, and also confirming the fact of the delivery of a copy of the statement to other participants of arbitration proceedings
The written request for the competent court order can be submitted not later than six months from the date of the termination of the allowed time period for voluntary execution of the decision of the arbitration court. If the allowed time limit is not followed on the legitimate grounds allowed by the competent court, the time limit can be renewed.
The written request for the competent court order which has been submitted in excess of the allowed time limit or which did not include the necessary documents, is given back by the competent court without consideration, and the competent court thereby renders the order which may be appealed in accordance with the procedures stipulated by the Civil Procedural code of the Republic of Uzbekistan.
Article 52. The procedure of consideration of the written request for the competent court order
The written request for the competent court order is considered by the judge of the competent court individually in the order established by the Economic Procedural code of the Republic of Uzbekistan or the Civil Procedural code of the Republic of Uzbekistan. The parties to the arbitration proceedings are notified on the time and a place of consideration of the specified written request. Absence of the parties of the arbitration proceedings or their representatives during the session of the competent court is not an obstacle to the consideration of the written request.
The competent court renders its order on the basis of the results of consideration of the written request, or renderst is order of refusal.
Order of the competent court to enforce the decision of the arbitration court is subject to immediate execution.
Order of the competent court to enforce the decision of the arbitration court or the order of refusal can be appealed in accordance with the procedures stipulated in the Economic procedural code of the Republic of Uzbekistan or the Civil Procedural code of the Republic of Uzbekistan.
Article 53. The bases for the refusal to render the compentent court order
When considering the written request for the competent court order, the competent court has no right to investigate the circumstances established by the arbitration court, or to reconsider the arbitration court decision on the merits of the case.
The competent court renders its order of refusal on the grounds provided by article 47 of the present Law.
In case if the competent court renders its order of refusal, the parties to the arbitration proceedings have the right to refer again to the arbitration court according to the arbitration agreement in compliance with the rules of the jurisdiction and competence, except for the cases provided by the second part of article 48 of the present Law.
Article 54. Cancellation of the execution of the arbitration court’s decision
If the decision of the arbitration court by the time of its cancellation is being executed, everything which has been collected from the respondent in favour of the claimant in accordance with the cancelled decision of the arbitration court is given back to this respondent.
Chapter 9. Final provisions
Article 55. The Resolution of disputes
The disputes arising in a sphere of establishment and activity of the arbitration courts, are resolved in accordance with the order established by the legislation.
Article 56. The Liability for infringement on the legislation on arbitration courts.
The persons that infringe on the legislation on arbitration courts, bear responsibility in accordance with the established order
Article 57 Invalidity f appendix 3 of the Civil Procedural Code of the Republic of Uzbekistan, which was confirmed by the Law of the Republic of Uzbekistan on March, 23rd, 1963
Appendix № 3 of the Civil Procedural Code of the Republic of Uzbekistan, confirmed by the Law of the Republic of Uzbekistan on March, 23rd, 1963 (the News of the Supreme body of Republic Uzbekistan, 1963, № 9, item 31) is to be declared invalid.
Article 58. Compliance of the previous legislation with this Law
Cabinet of Ministers shall bring governmental decisions in accordance with the present Law
Cabinet of Ministers shall ensure that other organs of state regulation revise and repeal their normative acts, which contradict to this Law.
Central bank of Republic Uzbekistan should bring the regulatory legal acts in accordance with the present Law.
Article 59 Entering into force
The present Law comes into force on January, 1st, 2007.
The president of Uzbekistan Islam Karimov
