Commercial dispute settlement

Companies may end a dispute through a court settlement or mediation settlement, amend or discharge the obligation, take back a claim before it is accepted, waive the claim, or admit it. The choice determines whether the state fee is refunded, whether the same claim may be filed again, and whether a new proceeding will be needed to enforce the arrangement.

In brief:

• A court approves a settlement agreement: it terminates the case and allows an enforcement writ to be obtained if the agreement is breached.
• Mediation lasts up to 30 days (Article 23 of the Mediation Law), may be extended for up to another 30 days, and the state fee paid is refunded when the dispute is resolved.
• Taking back a claim before acceptance permits a new filing; a court-accepted waiver bars the same dispute between the same parties, concerning the same subject matter and on the same grounds.
• Before signing, compare three outcomes: exactly what ends, who bears the costs, and which document will permit recovery of the promised performance without a new claim.

Updated: 05 September 2026

How to choose a way to end the dispute

The method depends on the desired result: whether the parties need an enforceable judicial document, a full fee refund, preservation of the right to file again, or replacement of the obligation itself. An economic court promotes reconciliation (Article 130 of the Economic Procedure Code, or EPC) at every stage, but the consequences of the procedures differ.

A court settlement and an accepted waiver terminate the proceedings (Article 110 EPC). After such termination, an identical new claim (Article 111 EPC) is not permitted. Leaving a claim without consideration operates differently: once the ground is eliminated, the claimant may file again (Article 109 EPC).

How to conclude a settlement in the economic court

A court settlement is suitable when the parties want to record a compromise in a judicial act. It may be concluded at any stage (Article 131 EPC), including appeal, cassation, review, and enforcement of an existing judicial act. The legal effect arises after court approval.

The written agreement (Article 132 EPC) must set out the terms and deadlines for performance. It may provide for:

• deferred or instalment payment;
• assignment of a claim;
• full or partial debt forgiveness;
• acknowledgment of the debt;
• allocation of the state fee, representative's fees, and other litigation costs;
• other lawful terms.

The parties' obligations may not be made dependent on each other or on a future event. They sign one more original than the number of parties to the agreement, and the additional original remains in the case file. The amount, property, deadline, payment details, and sequence of actions should be stated so that the state enforcement officer does not have to determine the meaning of the arrangement again.

The court considers the agreement at a hearing and includes its terms and cost allocation in its ruling. At the enforcement stage, the matter is decided within 15 days (Article 133 EPC). If the agreement is not performed, the court issues an enforcement writ at a participant's request; a separate claim to recover the agreed amount is unnecessary.

The court applies three grounds for refusal (Article 134 EPC): the terms contravene legislation, affect the rights or legitimate interests of third parties, or are conditional. The Plenum of the Supreme Court also requires the terms to be clear and definite, so that enforcement does not create another dispute.

Approval terminates the case, and another claim involving the same parties, subject matter, and grounds becomes impossible. The agreement should therefore cover principal, interest, penalties, costs, security, and the fate of interim measures already imposed, rather than only the next payment.

How mediation between companies works

Mediation applies to business disputes (Article 3 of the Mediation Law) if the result does not affect the rights of absent third parties or the public interest. It is based on voluntary consent (Article 7): either party may leave the procedure at any stage, and coercion to settle is prohibited.

The procedure may begin before or during litigation (Article 15 of the Mediation Law), until the first-instance court retires to adopt its act. It also applies in domestic arbitration, international arbitration, and at the enforcement stage. Participation in mediation does not itself amount to an admission of liability.

An agreement to mediate (Article 16 of the Mediation Law) is made in writing as a contractual clause or a separate document. After the dispute arises, the parties sign an agreement to conduct the procedure. It must state the required information (Article 20): the parties, subject matter, procedure, mediator, agreed obligations, terms and deadlines, language, place, date, and duration of the process.

The standard period is up to 30 days and may be extended for up to another 30 days by mutual agreement. Mediation in enforcement proceedings is limited to 15 days. The limitation period is suspended during mediation (Article 21 of the Mediation Law), so companies should not substitute open-ended correspondence for formal mediation when the deadline for protecting a right is close.

A mediation settlement is made in writing. It identifies the parties and representatives, rights and obligations, and the terms and deadlines for performance; the parties sign it and the mediator certifies it (Article 29 of the Mediation Law). Terms that violate legislation, third-party rights, or the public interest are prohibited. The agreement itself may specify the consequences of breach.

If mediation resolves a dispute already before the court, the settlement is immediately sent to the court and the claim is left without consideration (Article 107 EPC). This is not the same as waiving the claim: leaving it without consideration does not by itself bar a new filing.

What happens to the state fee and costs

The state fee on a monetary claim in an economic court is 2% of the claim amount, but not less than 440.000 soums (one basic calculation amount). A small business pays 50% of the established rate when filing in connection with its business. An application for an enforcement writ under a mediation settlement is charged separately at 880.000 soums (two basic calculation amounts).

Example. A company claims 100,000,000 soums. The general fee is 100,000,000 × 2% = 2,000,000 soums; for a small business, 2,000,000 × 50% = 1,000,000 soums. If the dispute is resolved through mediation before the enforcement stage, the 2,000,000 or 1,000,000 soums paid is refunded. If the debtor later breaches the mediation settlement, the application for an enforcement writ requires a new fee of 880.000 soums.

When a dispute is resolved through mediation, the fee paid must be refunded (Article 17 of the Mediation Law), except for mediation during enforcement of a judicial act. The mediator may work for a fee or free of charge; the parties bear that fee and the expenses in equal shares (Article 28), unless they agree otherwise.

The law lists the cases for refunding the fee (Article 18 of the State Duty Law). For this topic, the list covers return of the statement of claim and leaving it without consideration after a mediation settlement. Approval of a court settlement, waiver of the claim, and admission of the claim are not listed as grounds for a refund. In a court settlement, the parties may allocate the costs themselves; if there is no such term, the court decides the issue.

As a general rule, costs are allocated in proportion to the claims granted (Article 118 EPC). If the defendant voluntarily performs only after the claim is filed, the defendant bears the costs. Voluntary payment of a debt and a refund of the fee from the budget are therefore separate matters: the former may shift costs to the defendant, but does not create another ground for a budget refund.

How to document debt restructuring

Restructuring normally changes the deadline, schedule, amount of periodic payments, interest, penalty, or security, but does not necessarily discharge the original obligation. A contract may be amended by agreement (Article 382 of the Civil Code), unless legislation or the contract itself imposes a restriction.

The amendment is made in the same form (Article 384 of the Civil Code) as the main contract, unless legislation, the contract, or business custom provides otherwise. After amendment, the obligation continues in its new form (Article 385 of the Civil Code). This distinguishes ordinary restructuring from novation, which discharges the old obligation.

The document records the admitted principal amount, accruals as of the agreement date, the new schedule, allocation of each payment, consequences of delay, continuation of a pledge or guarantee, and the method for confirming performance. A signed reconciliation statement, partial payment, or another act acknowledging the debt interrupts the limitation period (Article 157 of the Civil Code), after which the period starts anew.

Out-of-court restructuring does not require a state fee. If the court has already accepted the claim, an amendment alone does not end the proceeding: the parties choose a court settlement, mediation, or waiver and receive the corresponding consequences for the fee and future filings. An ordinary amendment does not itself produce an enforcement writ.

This article does not address judicial rehabilitation or a settlement in insolvency proceedings, which follow a special procedure under the Insolvency Law. The article on liquidation and bankruptcy explains the procedures, order of claims, and role of the creditors' meeting; it is relevant when the problem concerns the debtor's overall solvency rather than one disputed contract.

When to use accord and satisfaction or novation

Accord and satisfaction discharges an obligation not through a promise but by providing a substitute (Article 342 of the Civil Code): money, property, or another agreed performance. The parties determine the amount, deadline, and transfer procedure. The agreement therefore needs proof of actual transfer, such as a payment order, acceptance certificate, or registration of the transfer of title where required for the property.

Novation discharges the old obligation by replacing it with a new one (Article 347 of the Civil Code) between the same persons but with a different subject matter or mode of performance. Ancillary obligations, including security, end unless the parties expressly preserve them. A mere payment extension or new calendar without an intention to replace the debt is normally documented as a contract amendment, not a novation.

Neither arrangement attracts a court fee if the dispute has not yet been filed. If a case is pending, the consequence for the fee depends on the procedural action taken afterward, not on the name of the private-law agreement. An accord and satisfaction or novation agreement is not usually an enforcement document by itself; breach requires a claim under the surviving or new obligation unless the document falls within a special uncontested procedure.

How return of a claim differs from waiver

In ordinary speech, “withdrawal of a claim” is used for different actions, but the Economic Procedure Code separates them. A response to a claim (Article 156 EPC) is a participant's objections, usually the defendant's; it does not withdraw the claimant's demand.

Before the ruling accepting the claim is issued, the claimant may apply to take it back. The court returns the statement of claim (Article 155 EPC), the fee is refunded under the law, and the claim may be filed again after settlement efforts or a new breach.

After acceptance, the claimant may waive all or part of the claims in any instance before the final judicial act of that instance. The court does not accept an unlawful waiver (Article 157 EPC) or one that violates the rights of others. Once accepted, the proceedings end in the relevant part and an identical new claim is barred.

A waiver creates no enforceable demand: if the defendant promises to pay later but does not do so, the claimant may be left only with a new dispute under an independent agreement, while the original claim is already closed. The fee is not refunded from the budget, and according to the Plenum's clarification the claimant's costs are not reimbursed by the defendant, unless the special rule for voluntary satisfaction applies.

What happens when the claim is admitted

Admission of the claim is the defendant's position, not an out-of-court agreement and not a ground for terminating the proceedings. The court must issue a decision on the merits, taking the defendant's statement into account. This route gives the claimant a judicial act but does not give the parties the same freedom to set terms as a court settlement.

On full admission, the court decides the claims made; on partial admission, the remainder of the dispute continues. The state fee is not refunded from the budget. The court allocates costs in proportion to the part granted, and the judgment is enforced under an enforcement writ after it takes effect.

Admission is appropriate when the defendant does not contest the demand and the parties do not need instalments, reciprocal concessions, or partial forgiveness. If payment will be made later or under a schedule, a court settlement records the deadline, security, consequences of delay, and allocation of costs more precisely.

How to obtain compulsory enforcement

Judgments, rulings, and agreements are not enforced in the same way. An enforcement writ (Article 335 EPC) certifies the creditor's right to compulsory enforcement of a judicial act. Rulings approving a court settlement and granting a writ for a mediation settlement are immediately enforceable (Article 334 EPC).

A court settlement does not require a new case: after breach, a party asks the approving court to issue a writ. Such a writ under an ordinary judicial act may be presented within three years (Article 27 of the Enforcement Law). An admitted claim ends in a judgment and is enforced in the same way.

A mediation settlement is binding on the parties (Article 29-1 of the Mediation Law), but a writ must first be obtained after breach. The economic court considers the interested party's application (Article 232-10 EPC), not a new claim on the merits.

The application must be filed no later than six months (Article 232-11 EPC) after the voluntary performance period ends. It includes:

• the original mediation settlement or a notarised copy;
• documents confirming payment of the state fee and postal expenses;
• proof that a copy was sent to the other party;
• a power of attorney or other proof of the signatory representative's authority.

The court does not retry the dispute (Article 232-12 EPC), but checks performance and the grounds for refusal. It will refuse a writ if the agreement contravenes the law, its terms have been amended or cancelled, the obligations have already been fully performed, or the six-month period was missed without restoration. This list of grounds (Article 232-13 EPC) should be considered when drafting the document. The ruling granting the writ is immediately enforceable (Article 232-14 EPC).

After issue, a writ under a mediation settlement must be presented to the state enforcement officer within six months (Article 27 of the Enforcement Law). The period is three years for a writ under an ordinary judicial act and for a notarial enforcement endorsement. These are two separate six-month periods: the first is for applying to the court for a writ after voluntary performance was due, and the second is for presenting the issued writ for enforcement.

A private amendment, accord and satisfaction, or novation is not itself listed among the enforcement documents (Article 7 of the Enforcement Law). An alternative may exist if the document supports a notarial enforcement endorsement. A notary recovers a debt under documents evidencing indebtedness (Article 76 of the Notary Law) when they establish that it is uncontested and the right to sue arose no more than three years earlier (Article 78).

The list approved by the Cabinet of Ministers covers, in particular, notarised transactions for receipt of money, return, or transfer of property after notarial notice of default, lease-finance debts supported by a signed reconciliation statement, and commercial rent supported by such a statement. An ordinary arrangement does not acquire enforceability automatically: the specific category and document set in the list must be checked.

Which documents and authorities to check

First verify who signs the arrangement. A general power to conduct litigation does not cover waiver or admission of a claim, a court settlement, an agreement to conduct mediation, or a mediation settlement: each action requires specific authority (Article 63 EPC). A director's authority is checked against the charter, appointment resolution, and restrictions imposed by the company's governing bodies.

For a court settlement involving a joint-stock company or limited liability company, the court checks whether it has the features of a major transaction and whether the approval procedure was followed. If property is involved, verify authority to dispose of it, valuation, pledges, attachments, and third-party rights.

The working set depends on the method:

• for a court settlement: the signed text in the required number of originals and a joint or separate application for approval;
• for mediation: the agreement to use mediation, the agreement to conduct the procedure, and the final settlement certified by the mediator;
• for restructuring: the amendment, debt calculation, reconciliation statement, schedule, and documents preserving security;
• for accord and satisfaction: the agreement and evidence of the actual transfer of money or property;
• for novation: the new contract and an express provision discharging the old obligation and addressing security;
• for return, waiver, or admission of a claim: a written application and separately stated representative authority.

What changed in 2025–2026

• Law ZRU-1089 of 20 October 2025 introduced Article 29-1 of the Mediation Law: mediation settlements are now expressly binding, and a party acquired the right to ask a court for compulsory enforcement. The current EPC provides for an application, review, and issue of an enforcement writ.
• Law ZRU-1167 of 14 August 2026 formalised Uzbekistan's accession to the Singapore Convention on Mediation. Uzbekistan excluded settlements involving the state and public institutions, and applies the Convention only where the parties agree to its application.
• Presidential Decree UP-160 of 14 August 2026 approved the Justice 2030 Strategy, which calls for reform of claim returns and further improvement of payment and allocation of litigation costs. This is a future policy direction, not a new rate or an operative ground for refunding the fee.

How to record the chosen outcome

Before terminating the case, the companies should put five points in writing: the scope of claims being discharged, treatment of interest and penalties, the deadline and evidence of performance, cost allocation, and the document for compulsory recovery. They then connect the private-law arrangement with the correct procedural action: a court settlement, mediation, return of the statement of claim, waiver, or admission.

If payment will occur after the case ends, a promise to “pay later” is not enough. The document states each payment amount, date, account details, allocation, security, consequences of delay, and method for confirming performance. A court or mediation settlement should be worded to permit issue and enforcement of the writ without another dispute about the content of the obligation.

The final check is the economic effect. A fee refund from the budget, reimbursement of costs by the other party, and the cost of a new enforcement-writ application are different financial consequences. They should be calculated separately before an application to end the proceedings is filed.

Frequently asked questions

Is the state fee refunded after a court settlement?

No. Approval of a court settlement is not listed in the State Duty Law as a ground for a budget refund. The parties may, however, allocate litigation costs already incurred in the settlement, including deciding who compensates the other party for the fee. If the agreement has no such term, the court allocates the costs when approving it. This differs from mediation, where the fee is refunded except for a settlement concluded at the enforcement stage.

Must a court approve a mediation settlement?

The parties sign a mediation settlement and the mediator certifies it; the court does not approve it as a court settlement. If a claim is pending, the document is sent to the court, after which the claim is left without consideration. After failure to perform voluntarily, the interested party separately asks the economic court for an enforcement writ. The court checks legality, whether the terms remain in force, performance, and compliance with the six-month deadline, but does not retry the original dispute.

May a claim be filed again after it is waived?

Once the court accepts a waiver, the same dispute between the same persons, concerning the same subject matter and on the same grounds is barred. The result differs if the statement of claim was returned before acceptance or left without consideration: a new filing is possible after the ground is eliminated. An arrangement for future payment is therefore more safely documented as a court or mediation settlement with a statutory enforcement mechanism, rather than by closing an accepted case through a simple waiver.

Does admission of the claim reduce the state fee?

Admission alone is not a ground for refunding the state fee. The economic court decides the merits while taking the admission into account and then allocates costs in proportion to the claims granted. If the defendant voluntarily performs after filing, costs may be imposed on the defendant, but that does not amount to a budget refund. A judicial decision and an enforcement writ secure performance of the admitted claim.

What happens if debt restructuring is breached?

First determine which document was signed. If restructuring was included in a court-approved settlement, the creditor requests an enforcement writ. If it is a mediation settlement, an application for a writ is filed within six months after the voluntary performance period ends. An ordinary amendment, accord and satisfaction, or novation requires a new claim unless there is a notarial enforcement endorsement or another enforcement document. The demand is made under the obligation that survived or arose after the amendment.