Reforming Dispute Resolution: The Evolving Landscape of Arbitration and Judicial Mechanisms in Uzbekistan

In the Republic of Uzbekistan, the rule of law has been strengthened through systematic improvements in the investment environment, foreign trade regulation, alternative mechanisms for economic and civil dispute resolution, and guaranteeing rights.

President Sh.M. Mirziyoev’s 15th goal of the new development strategy emphasizes the creation of organizational and legal conditions for alternative conflict resolution and expansion of conciliation. Important laws and measures include:

  • Laws “On Arbitration Courts” (2006), “On Mediation” (2018), “On International Commercial Arbitration” (2021)
  • President’s measures (2019), Resolutions (2020), Decree (2022) on improving investment and trade
  • Alternative dispute resolution methods: arbitration court, international commercial arbitration court, mediation, negotiations, settlement agreement

Key developments include:

  • President’s decree (2016) for rapid business development
  • Law “On Arbitration Courts” (2006) implemented from January 1, 2007, marked a significant judicial reform stage
  • As of January 2022, more than 255 permanent arbitration courts and about 1,200 arbitration court judges are registered in Uzbekistan
  • Efforts are being made to reorganize existing arbitration courts to prevent issues like low-quality decisions and rights violations
  • Statistics from 2020 to the first half of 2022 reveal 74 cases of annulment of arbitration court decisions and 2,715 writs of execution
  • Efforts are underway to adjust statistical data and safeguard rights through changes to Article 49 of the Law “On Arbitration Courts”

The main problem in alternative dispute resolution is the execution of arbitration court decisions, which may be solved by entrusting execution to the permanent arbitration court chairman.

The global growth of electronic document circulation has led to new technological opportunities in arbitration. Online arbitration procedures should be agreed upon by parties, enabling remote participation and reducing potential conflicts. Examples of online courts exist in the PRC, Estonia, and the Netherlands, often based on blockchain technology.

In Uzbekistan, innovative efforts are underway to introduce an independent, corruption-free, transparent alternative dispute resolution system. These efforts aim to reduce the workload of competent courts and create a single legal document base for arbitration court proceedings, with further development expected as of March 2023.

Published On: July 15, 2023Views: 47