Commercial arbitration in Uzbekistan: procedure and enforcement

An international commercial dispute may be referred to a chosen institution or an ad hoc tribunal under a written arbitration clause. The seat determines the framework for court assistance and setting aside, while recognition and enforcement in Uzbekistan proceed through an economic court under the International Commercial Arbitration Law and the New York Convention.

In brief:

• The clause must be in writing, but the law recognizes electronic communications, an exchange of pleadings, and a proper reference to another document.
• If the parties have not chosen the number of arbitrators, the dispute is heard by three arbitrators (Art. 15 of the ICA Law).
• Interim relief may be requested from the tribunal or an economic court; applying to a court does not waive arbitration.
• An application to set aside must be filed within three months (Art. 50 of the ICA Law), while a foreign award must be submitted for recognition and enforcement within three years (Art. 248 EPC).
• Before signing the contract, agree on the institution, seat, language, number of arbitrators, applicable law, and method of notice—these terms will shape any future dispute.

Updated: 05 September 2026

Disputes, clauses and institutions

Which disputes may be referred to international arbitration

International commercial arbitration is available for contractual and non-contractual disputes arising from relationships of a commercial nature. Arbitration is international if the parties’ places of business are in different states, the seat or a substantial part of performance lies outside the parties’ state, or the parties expressly agreed that the subject matter relates to more than one country. These internationality criteria (Art. 4 of the ICA Law) can also apply to a dispute between Uzbek companies when any listed criterion is met.

The law distinguishes a permanent arbitral institution from a tribunal formed for a particular dispute—ad hoc arbitration. In either case, the dispute is decided by a sole arbitrator or a panel (Art. 5 of the ICA Law), not by a state economic court.

International commercial arbitration must be distinguished from a domestic arbitration court. The latter operates under a separate law, hears civil and business disputes, and may not decide disputes arising from administrative, family, or employment relationships. It is a separate legal regime (Art. 9 of the Domestic Arbitration Courts Law), so its deadlines and eligibility rules cannot automatically be transferred to TIAC or another international arbitration.

The commercial nature of a claim does not displace special prohibitions. The law preserves rules under which a particular dispute is non-arbitrable or may be referred to arbitration only on special conditions. Before adding a clause, check whether the economic courts have exclusive jurisdiction (Art. 240 EPC), for example over a dispute concerning real estate in Uzbekistan or state property.

How to draft an arbitration clause

An effective clause clearly records consent to refer all or specified disputes arising from a defined legal relationship to arbitration. It may form part of a contract or be a separate agreement. The writing requirement is met when the content is recorded and remains usable for future reference, including in an electronic communication. The law also recognizes an exchange of claim and defence (Art. 12 of the ICA Law), when one party alleges an agreement and the other does not deny it, and a reference that incorporates a clause found in another document.

The clause should expressly state:

• the official name of the institution, or ad hoc arbitration, and the selected rules;
• the seat as the legal place of the proceedings;
• the language or languages;
• the number of arbitrators and the appointment method;
• the law governing the substance of the contract and, if needed, the clause;
• the disputes covered, the notice method, and addresses for communications.

The clause is severable from the rest of the contract. A tribunal’s finding that the contract is invalid does not by itself invalidate the clause. A jurisdictional objection must be raised no later than the statement of defence, and an objection that the tribunal is exceeding its authority as soon as that issue arises. If the tribunal upholds jurisdiction as a preliminary question, a party may apply to the economic court within thirty days (Art. 21 of the ICA Law); the arbitration may continue while the court considers the issue.

If a counterparty files in an economic court despite the clause, the defendant must invoke arbitration no later than its first substantive statement. The court then refers the parties to arbitration unless the agreement is invalid, inoperative, or incapable of being performed; the arbitration itself may proceed in parallel. This is the procedural effect of the clause (Art. 13 of the ICA Law).

The Supreme Court Plenum explains that a defence or another procedural step showing acceptance of the state court may deprive the defendant of the right to demand referral to arbitration. The court also examines the written form, legal capacity, arbitrability, and existence of the selected institution (para. 17 of Plenum Resolution No. 27).

How to choose an institution and TIAC

Choosing an institution means choosing administration, rules, the arbitrator-appointment mechanism, and the method for calculating fees. In ad hoc arbitration, the parties and tribunal arrange these matters themselves; in institutional arbitration, the chosen institution’s rules become part of the parties’ agreement. The law permits the parties to entrust procedural decisions to an institution and to agree on the procedure (Art. 34 of the ICA Law).

The Tashkent International Arbitration Centre at the Chamber of Commerce and Industry of the Republic of Uzbekistan—TIAC—was created as a local institution for international commercial disputes. The Chamber approves its rules and list of arbitrators. A TIAC clause should use the Centre’s official name and the current model clause so that there is no dispute over which institution the parties intended.

For TIAC, the Presidential resolution permits Uzbek and foreign arbitrators, application of agreed foreign law, proceedings in Uzbek, Russian, and English, and online filing and hearings. A party representative does not need an Uzbek advocacy licence for related matters before the competent court. These TIAC features are established by Resolution PP-4001.

The seat does not automatically coincide with the institution’s address or the hearing venue. The parties choose the legal seat; absent a choice, the tribunal determines it with regard to the circumstances and practical suitability. A witness, expert, or documents may still be examined at another place (Art. 35 of the ICA Law). The legal seat connects the award to the procedural law and the court competent to hear a set-aside application.

Arbitrators and procedure

How to choose and challenge arbitrators

The parties are free to set the number of arbitrators and the appointment procedure. With three arbitrators, each party appoints one and the two appointees choose the presiding arbitrator. Nationality alone does not preclude appointment unless the parties agreed otherwise. If a party or the two arbitrators fail to act within thirty days (Art. 16 of the ICA Law), the economic court makes the appointment at a party’s request; that determination cannot be appealed.

A candidate must disclose circumstances likely to give rise to justifiable doubts about impartiality or independence and must continue disclosing them during the case. A challenge may be based on those grounds or failure to meet agreed qualifications. A party may challenge its appointee only for a circumstance it learned after the appointment (Art. 17 of the ICA Law).

Unless the parties agreed another procedure, a reasoned challenge is submitted to the tribunal within fifteen days (Art. 18 of the ICA Law). If the tribunal rejects it, the applicant has thirty days to apply to the economic court. While the application is pending, including before the court, the tribunal with the challenged arbitrator may continue the proceedings and make an award.

An arbitrator’s mandate terminates when the arbitrator is legally or factually unable to act, delays without justification and withdraws, the parties agree on termination, or the economic court so decides. The court’s determination (Art. 19 of the ICA Law) is not appealable. A replacement follows the same rules (Art. 20 of the ICA Law) that applied to the arbitrator being replaced.

Arbitration is independent (Art. 7 of the ICA Law), and a state court intervenes only in cases specified by law. Judicial assistance covers appointment and challenge, termination of a mandate, jurisdiction, interim measures, evidence, setting aside, and enforcement. The full list of court functions (Art. 28-1 EPC) shows which issues may be taken outside the tribunal.

How the procedure works

The parties may agree on the procedure; absent agreement, the tribunal determines it. Equal treatment and a fair opportunity to present a case must always be preserved. Within this procedural autonomy (Art. 33 of the ICA Law), the tribunal determines the admissibility, relevance, materiality, and weight of evidence.

The main default deadlines are:

Unless the parties agree otherwise, proceedings commence on the day (Art. 37 of the ICA Law) when the respondent receives the request to refer the dispute to arbitration. Proof of delivery therefore affects the commencement date and subsequent deadlines. A communication is received when delivered personally, at a place of business, habitual residence, or postal address, or, after an appropriate inquiry, upon a recorded delivery attempt at the last established address. The rules on receipt (Art. 10 of the ICA Law) should be supplemented by a contractual channel for electronic communications.

The claimant states the facts, issues, and relief sought; the respondent states its defence. Documents may be attached immediately or identified for later submission. Claims or defences may be amended unless the tribunal rejects the amendment because of undue delay. These elements of written submissions (Art. 39 of the ICA Law) are detailed further by the rules and procedural timetable.

The parties choose the language (Art. 36 of the ICA Law); otherwise, the tribunal determines it. The selected language applies to submissions, hearings, awards, and communications, and the tribunal may require document translations. A party may participate personally or through a duly authorized representative, including a foreign organization or individual. This freedom of representation is set out in Art. 38 of the ICA Law.

The tribunal decides whether to hold an oral hearing or conduct the case on documents. Unless the parties previously waived a hearing, one must be held at either party’s request. Every submission and item of evidence from one party, and any expert report on which the award may rely, must be communicated to the other. The law thus requires an adversarial exchange (Art. 40 of the ICA Law).

Non-appearance does not automatically stop the case. If the respondent fails without sufficient cause to submit a defence, that failure is not treated as an admission and the tribunal continues. If a party fails to appear or produce evidence, the tribunal may decide on the existing record; failure by the claimant to submit the claim terminates the proceedings. These consequences of non-participation (Art. 41 of the ICA Law) make provable notice critical.

The tribunal may appoint an expert (Art. 42 of the ICA Law) and allow the parties to question that expert. For evidence a party cannot obtain independently, the tribunal or a party with its approval may ask the economic court for assistance in taking evidence (Art. 43 of the ICA Law).

On the merits, the tribunal applies the substantive rules chosen by the parties. Without a choice, it determines the governing law through the conflict rules it considers applicable; in all cases, it takes account of the contract and trade usages. A decision ex aequo et bono is possible only when the parties expressly authorize it. These applicable-law rules (Art. 44 of the ICA Law) show why the seat and the law governing the contract should be stated separately.

Proceedings and documents are confidential as a general rule. Disclosure is allowed when required by law, needed to protect a third party’s rights, or necessary to enforce or challenge the award. The scope of arbitration confidentiality (Art. 53 of the ICA Law) may be detailed in the parties’ agreement.

The dispute may end by settlement (Art. 46 of the ICA Law). At the parties’ request and absent an objection from the tribunal, the settlement is recorded as an award on agreed terms with the same status as any other award. The grounds for terminating proceedings (Art. 48 of the ICA Law) also include withdrawal of the claim where the respondent has no legitimate interest in a final resolution, agreement of the parties, and the impossibility or lack of need to continue.

This article compares arbitration with state litigation only where a court assists the proceedings or controls the award. The article on filing a claim in an economic court explains how to prepare an ordinary contractual claim, evidence, and state duty. It is relevant when there is no clause, the clause cannot be performed, or the dispute is non-arbitrable.

Costs and interim measures

What arbitration and court procedures cost

There is no single state price for international arbitration: costs depend on the chosen institution, its current rules, the amount and complexity of the dispute, the number of arbitrators, and the handling of evidence. For TIAC, the calculation should use the version of the Centre’s rules and fee schedule applicable to the case, not the state-duty rates of an economic court.

The case budget should separately include the institution’s charges, tribunal fees, experts and translators, hearing and evidence expenses, and representatives’ fees. The TIAC resolution acknowledges arbitration costs and exempts funds paid by legal entities toward those costs from VAT. The exemption forms part of the TIAC framework and does not replace a calculation under the Centre’s rules.

Court costs arise after arbitration. The state duty for an economic-court application to set aside an arbitral award is 880.000 soums (two BRV). The same rate applies to an application for recognition and enforcement of a foreign arbitral award. Postal charges, translation, certification, apostille, or legalization are additional when required.

Example. If a company separately files one set-aside application and one application to recognize a foreign award, the two state duties alone total 880.000 + 880.000 = 1.760.000 soums. This excludes the arbitral institution’s charges, representatives, translators, document certification, and enforcement expenses.

How to obtain interim measures

Relief may be requested from the arbitral tribunal or an economic court. A court application before or during arbitration is compatible with the clause (Art. 14 of the ICA Law), so the application itself does not transfer the dispute to a state court.

Unless the parties agree otherwise, the tribunal may:

• maintain or restore the position pending determination of the dispute;
• prevent current or imminent harm or prejudice to the arbitral process;
• preserve assets from which an award may be satisfied;
• preserve evidence material to the dispute.

This is the complete list of purposes of an interim measure (Art. 22 of the ICA Law). For the first three, the applicant must show a risk of harm not adequately reparable by damages, that the harm substantially outweighs possible harm to the other party, and a credible possibility of success on the merits. For preservation of evidence, the tribunal applies these conditions for relief (Art. 23 of the ICA Law) to the extent it considers appropriate.

A preliminary order may be requested without notice to the other party when disclosure would frustrate the purpose of the measure. After issuing the order, the tribunal must promptly notify all parties and give the affected party an opportunity to present its case. The order remains effective for twenty days (Art. 25 of the ICA Law), binds the parties, but is not enforceable by a court and is not an arbitral award.

The tribunal may require security (Art. 27 of the ICA Law) and may modify, suspend, or terminate the measure (Art. 26 of the ICA Law). If it is later determined that the measure should not have been granted, the applicant is liable for resulting costs and damages. These consequences of unjustified relief (Art. 29 of the ICA Law) may be awarded at any stage.

A regular tribunal-ordered interim measure is binding (Art. 30 of the ICA Law) and is enforced through a court regardless of the seat. Refusal is possible only on closed grounds, including failure to provide ordered security, termination or suspension of the measure, incompatibility with the court’s powers, non-arbitrability, and public policy. The court does not review the substance (Art. 31 of the ICA Law).

An economic court has its own powers (Art. 32 of the ICA Law) to grant relief, including attachment of assets or funds, prohibition of acts, suspension of collection, transfer of property to a custodian, and other proportionate measures. The application is filed at the seat, the debtor’s registered location, or the location of its assets. The judicial types of interim relief (Art. 94 EPC) may be combined but must remain proportionate to the claim.

An application for judicial assistance (Art. 232-2 EPC) must identify the economic court, arbitration, parties, relief sought, and grounds. It is accompanied by the arbitration agreement, proof of postal charges and service on the other party, and, for a court measure, proof that the arbitration claim has been filed. The complete list of attachments (Art. 232-3 EPC) depends on the type of assistance. Applications to grant, recognize, or enforce a measure are considered by the next day (Art. 232-4 EPC).

Awards, challenges and enforcement

What the arbitral award must contain

The award must be in writing and signed by the sole arbitrator or the arbitrators. For a panel, signatures of a majority suffice if the reason for any missing signature is stated. The award gives reasons unless the parties waived them or the matter ended by an award on agreed terms, and states the date and legal seat. Each party receives a signed copy (Art. 47 of the ICA Law).

With a panel, a decision is generally made by a majority of all arbitrators. The presiding arbitrator may decide procedural questions alone when authorized by the parties or all tribunal members. This majority rule is established by Art. 45 of the ICA Law.

Within thirty days (Art. 49 of the ICA Law) after receiving the award, a party may request correction of calculation, clerical, or similar errors and, if agreed, interpretation of a specific point. Within the same period, it may request an additional award on a claim presented but omitted; the tribunal has sixty days to make it. Interpretation, correction, and supplementation form part of the award.

How to challenge and set aside an award

Setting aside is the exclusive judicial recourse against an international commercial award seated in Uzbekistan. It is not an appeal on the merits: the economic court does not reassess the contract, evidence, or correctness of the substantive-law conclusion.

The applicant must prove one of the following grounds:

• incapacity of a party to the arbitration agreement;
• invalidity of the agreement under the law chosen by the parties or, absent a choice, Uzbek law;
• lack of proper notice of the appointment or proceedings, or another inability to present the case;
• an award on a dispute outside the clause or findings beyond its scope, while a separable permissible part remains effective;
• a tribunal or procedure inconsistent with the parties’ permissible agreement or the ICA Law.

Irrespective of the applicant’s arguments, the court examines whether the subject matter is arbitrable and whether the award conflicts with public policy. These are the exhaustive grounds for setting aside (Art. 232-8 EPC).

The application is filed with the economic court at the seat. It identifies the court, tribunal and seat, parties, award date and receipt, relief sought, and ground. It is accompanied by a certified copy of the award, the original or a certified copy of the clause, evidence, proof of state duty and postal charges, proof of service on the other party, authority, and a certified translation of foreign-language documents. The full application requirements (Art. 232-6 EPC) should be checked before the deadline expires.

The economic court may suspend the set-aside case and give the tribunal an opportunity to remove the ground. The EPC repeats the three-month deadline (Art. 232-5 EPC). A party that knew of non-compliance with a waivable rule or the clause, continued participating, and did not object in time is deemed to have waived the objection (Art. 11 of the ICA Law).

Setting aside does not always close the route to arbitration. The parties may return to arbitration while that remains possible. If the award was set aside because the clause was invalid or the dispute fell outside it, however, the relevant dispute may be submitted to the economic court. These consequences of setting aside (Art. 232-9 EPC) depend on the particular ground.

How to recognize and enforce an award

An arbitral award is binding regardless of the country in which it was made. For enforcement in Uzbekistan, the creditor submits a written application, the original or certified copy of the award and arbitration agreement, and, if the court requests it, a certified translation into the state language. This is the basic document set (Art. 51 of the ICA Law).

For a foreign commercial award, the application is filed with the Court of the Republic of Karakalpakstan, a regional court, or the Tashkent City Court at the debtor’s location or residence, or, when no information is available, at its place of state registration. This venue rule (Art. 249 EPC) cannot be replaced by the parties’ contractual clause. All arbitration-related cases are heard by courts at this level (Art. 32 EPC).

The application must identify the economic court, foreign arbitration and tribunal, parties, award, relief sought, and the list of attachments (Art. 250 EPC). An application concerning a foreign arbitration is accompanied by:

• the certified award;
• the original or a certified copy of the arbitration agreement;
• proof of partial performance, if any;
• proof that a non-participating party received proper notice;
• a power of attorney or other proof of authority;
• proof that a copy of the application was sent to the debtor;
• proof of state duty and postal charges;
• a certified translation of the first five groups of documents, unless a treaty provides otherwise.

This is the complete list under the EPC (Art. 252). Foreign documents are accepted with consular legalization or an apostille unless a law or applicable treaty removes that formality.

The court considers the application within no more than six months (Art. 254 EPC) and does not review the award on the merits. An incorrectly prepared application is returned, and the ruling is sent within five days (Art. 253 EPC); the applicant may refile after correcting the defects.

At the debtor’s request, recognition or enforcement is refused if incapacity or invalidity of the clause, improper notice or inability to present the case, excess of the clause, irregular tribunal or procedure, lack of finality, setting aside or suspension of the award, or lack of jurisdiction of the foreign arbitration is proved. The court examines non-arbitrability, public policy, and expiry of the filing period on its own initiative. The closed list of refusal grounds (Art. 256 EPC) does not permit the losing party to relitigate the facts.

The New York Convention adopts the same approach. It covers awards made in another state and awards not regarded as domestic, including awards of institutions and ad hoc tribunals. States must recognize them as binding (Art. III) under local procedure without substantially more onerous conditions or fees. These limits of the Convention (Art. I) operate with the state court’s duty to respect a written clause (Art. II).

The creditor submits certified award and agreement (Art. IV) and, when necessary, a translation. Refusal is allowed only on the Convention’s closed list of grounds (Art. V), which corresponds to the principal EPC grounds. If setting aside or suspension is pending at the seat, the enforcing court may adjourn and require security (Art. VI).

After recognition, the Uzbek court issues a writ of execution (Art. 257 EPC). It may be submitted for compulsory enforcement within three years (Art. 6 of the Enforcement Law), unless a treaty provides otherwise. State enforcement officers of the Compulsory Enforcement Bureau act on the basis of a proper enforcement document (Art. 44 of the Enforcement Law).

This section explains how to obtain a writ for an arbitral award. The article on enforcement proceedings explains what the Compulsory Enforcement Bureau does after proceedings begin, how assets are traced, and how an officer’s inaction is challenged. It is relevant after the writ is issued if the debtor does not comply voluntarily.

Changes and contract checks

What changed in 2026

No separate new procedure was added to the principal International Commercial Arbitration Law during the period reviewed, but the Supreme Court updated practical rules for court-ordered interim relief:

• Resolution No. 19 of 3 July 2026 confirmed that an arbitration party may request relief from an economic court and required a connection to the claim, necessity, and proportionality; the merits of the claim need not be proved at this stage;
• under the same resolution, an out-of-hearing application is decided by the next day without summoning the parties, and the measure is enforced on the basis of the ruling without a separate writ; the corresponding enforcement rules also apply to security for an arbitration claim.

What to check before signing the contract

Before signing, check both the words “disputes shall be referred to arbitration” and the entire mechanism. State an existing institution and the exact name of its rules, the legal seat, language, number and appointment method of arbitrators, substantive law, notice addresses, and scope of claims. Separately check arbitrability, the signatory’s authority, and compatibility of the clause with a multiparty contract.

If a dispute has arisen, preserve the contract and attachments, correspondence showing agreement to the clause, proof of notice delivery, performance documents, and representatives’ authority. Do not delay a jurisdictional objection: participation without a timely objection may close that argument. For eventual enforcement, identify in advance where the debtor’s assets are located and which certifications, translations, and formalities the relevant country will require.

Frequently asked questions

May a dispute be referred to TIAC without an arbitration clause?

Yes. The parties may enter into a separate arbitration agreement after the dispute arises. A unilateral filing by one company does not create an agreement: both parties must consent to arbitration in writing. Writing may be established by electronic communications or an exchange of claim and defence in which the respondent does not deny the agreement, but a clear clause signed in advance substantially reduces jurisdictional disputes.

May the parties choose a foreign arbitrator and foreign law?

Yes. Nationality alone does not prevent appointment unless the parties agreed a restriction. For TIAC, PP-4001 expressly permits foreign arbitrators and foreign law by agreement. The foreign substantive law governing the contract, the law of the arbitration clause, the seat, and the institutional rules are distinct elements; they should be agreed separately to avoid gaps.

Does an application to an economic court stop the arbitration?

Not automatically. A state-court claim on a matter covered by the clause does not prevent commencement or continuation of arbitration or issuance of an award. An application challenging an arbitrator or seeking review of a preliminary jurisdiction ruling likewise does not by itself stay the tribunal. In set-aside proceedings, the economic court may, at a party’s request, suspend its own case so the tribunal can remove a possible ground for setting aside.

May an award be set aside because the law was applied incorrectly?

Disagreement with contract interpretation, assessment of evidence, or application of substantive law does not itself create an appeal. The economic court does not review the merits. Setting aside is possible only on the closed grounds: a defect in the agreement or capacity, notice and the right to be heard, excess of the clause, irregular tribunal or procedure, non-arbitrability, or conflict with public policy.

Which matters more for enforcement—the seat or the debtor’s assets?

They address different questions. The seat determines which court may set aside the award and which procedural law governs the arbitration. The debtor’s location or its assets determines where recognition and compulsory enforcement can be pursued in practice. For an application in Uzbekistan, prepare the certified award and agreement, proof of notice, translations, and documents on partial performance, authority, and court costs in advance.