Recognition and Enforcement of Foreign Court Judgments and Arbitral Awards in Uzbekistan

The globalization of the economy and the development of international trade relations inevitably give rise to cross-border disputes. Ensuring their fair resolution requires effective mechanisms for the recognition and enforcement of foreign court judgments and arbitral awards. In the Republic of Uzbekistan, this process is regulated by the Economic Procedural Code (EPC), as well as by international treaties to which the state is a party.

A distinctive feature of this category of cases is the combination of national legal norms and international obligations, which requires careful procedural regulation and strict adherence to the principles of justice.

Regulatory Framework

• Economic Procedural Code of the Republic of Uzbekistan — governs the procedure for applying to a court for recognition and enforcement of foreign judicial and arbitral decisions (Articles 31, 32, 37 EPC).
• International Treaties — including the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), and bilateral treaties on legal assistance.
• Law of the Republic of Uzbekistan “On International Commercial Arbitration” — regulates certain procedural aspects of recognizing and enforcing arbitral awards.

Competent Courts

According to the EPC, cases on recognition and enforcement of foreign court judgments and arbitral awards fall under the jurisdiction of:

• The court of the Republic of Karakalpakstan, regional courts, and the Tashkent City Court;
• The Supreme Court of the Republic of Uzbekistan — in certain cases, for example, when state bodies are involved or in investment disputes.

Grounds for Recognition and Enforcement

Recognition and enforcement are possible if the following conditions are met:

• The decision concerns a dispute related to entrepreneurial or other economic activity.
• The decision has entered into legal force in the state where it was issued.
• There are no grounds for refusal (e.g., contradiction with the public policy of the Republic of Uzbekistan, violation of the principles of equality of the parties).

Procedural Features

• The application is filed by an interested party with the competent economic court.
• The court verifies the existence of an applicable international treaty, the proper notification of the parties, and the finality of the decision.
• Based on the review, the court issues a ruling either recognizing and enforcing the decision or refusing recognition and enforcement.

Comparison of Recognition of Foreign Court Judgments and Foreign Arbitral Awards

Criterion	Foreign Courts	Foreign Arbitral Tribunals
Legal Basis	Bilateral treaties, principle of reciprocity	New York Convention 1958, Law on International Commercial Arbitration
Competent Court	Economic court (regional, Tashkent City, Supreme Court)	Economic court at the debtor’s place or location of assets
Conditions for Recognition	Legality, finality, observance of parties’ rights	Valid arbitration agreement, compliance with arbitration procedure
Possible Grounds for Refusal	Public policy, lack of jurisdiction, absence of reciprocity	Public policy, invalid arbitration agreement, lack of proper notice

Practical Recommendations for Entrepreneurs

Stage	Action	Recommendations
Preparing the application	Collecting required documents	Legalization or apostille; notarized translation if necessary
Submitting the application	Filing with the competent economic court	Check jurisdiction depending on debtor’s location or assets
Case review	Participation in the hearing	Argue absence of refusal grounds, refer to international treaties
Enforcement	Obtaining a writ of execution	Cooperate with enforcement authorities to execute recovery

State proceedings on recognition and enforcement of foreign court judgments and arbitral awards in Uzbekistan have a dual nature: they rely on national procedural law as well as international agreements. Proper application of these norms ensures a balance of interests, promotes international business development, and strengthens confidence in the judicial system.

Examples from Judicial Practice of Uzbekistan

1. Enforcement of an Arbitral Award of the International Commercial Arbitration Court (ICAC, Moscow)

Case Summary: An Uzbek company failed to fulfill contractual obligations to a Russian firm. The Russian company referred the dispute to ICAC, which issued an award in its favor.

Court’s Position:

• Verified compliance with the New York Convention;
• Established that the debtor participated and was properly notified;
• Found no violations of Uzbekistan’s public policy.

Result: The Tashkent Regional Economic Court recognized and enforced the award.

2. Refusal to Recognize a Foreign Court Judgment Due to Public Policy Violation

Case Summary: A foreign court imposed penalty sanctions on an Uzbek company in an amount significantly exceeding the principal obligation.

Court’s Position:

• Excessive penalties contradict fairness and reasonableness principles under Uzbekistan’s legislation;
• Enforcement would violate national public policy.

Result: Recognition and enforcement were refused.

3. Recognition of an ICSID Arbitral Award in an Investment Dispute

Case Summary: A foreign investor filed an ICSID arbitration claim against Uzbekistan. ICSID awarded compensation.

Court’s Position:

• Applied obligations under the 1965 Washington Convention;
• ICSID awards must be recognized automatically without substantive review;
• The economic court issued a writ of execution.

Result: The award was recognized and enforced, contributing to an improved investment climate.

These examples demonstrate that courts in Uzbekistan apply a balanced approach:

• supporting the enforcement of decisions that meet international standards,
• while safeguarding national interests through the public policy doctrine.