EXPERT OPINION that such property is located in the territory of the Republic of Uzbekistan ) or rights thereto
The above provisions bring into question the possibility of execution of arbitration and / or choice-of-court clauses in privatization agreements with the Republic of Uzbekistan with respect to examination of the above categories of disputes by foreign courts or arbitration tribunals .
It is not entirely clear to what extent such rules would affect the validity of arbitration / choiceof-court agreements previously concluded .
We believe that the answers to the above questions will be given in subsequent law enforcement practice , including by means of adoption of resolutions by the Plenum of the Supreme Court of the Republic of Uzbekistan .
Enforcement of foreign judgments and arbitral awards
One of the significant novelties of the CEP is the introduction of Chapter 33 , which regulates the issues of recognition and enforcement of foreign judgments and arbitral awards on commercial matters .
Previously , such issues were regulated only by Resolution No . 248 of the Plenum of the Supreme Economic Court of the Republic of Uzbekistan of 24 May 2013 “ On Certain Issues Relating to the Application of Legislative Acts When Examined by Economic Courts of Cases Relating to
Recognition and Enforcement of Foreign Judgments , Arbitral Awards and Fulfilment of Foreign Courts ’ Requests .”
In accordance with the abovementioned chapter , foreign judgments and arbitral awards are recognized and enforced by economic courts of the Republic of Uzbekistan , if ( i ) recognition and enforcement of such judgments are provided for by relevant international treaties , and ( ii ) by the legislation of the Republic of Uzbekistan .
Accordingly , in the absence of an appropriate international treaty or provisions of the national law , foreign judgments or arbitral awards are not enforceable in Uzbekistan . 6
The CEP provides for a three-year period for filing applications for foreign judgments to be recognized and enforced in Uzbekistan which starts to run from the date a judgment enters into legal force , unless otherwise provided by an international treaty to which the Republic of Uzbekistan is a party .
In accordance with the new provisions of the CEP , foreign judgments or arbitral awards with respect to disputes and other matters arising in the economic sphere are recognized and enforced by Uzbek economic courts at debtor ’ s location or place of residence or , if debtor ’ s location or place of residence is unknown , at the place of debtor ’ s state registration .
Based on this rule , it is likely that foreign judgments would be unenforceable in Uzbekistan if a debtor is not an Uzbek resident , although debtor ’ s property is located in the territory of Uzbekistan .
The maximum period for examination of applications for recognition and enforcement of foreign judgments is six months . However , a court ’ s decision to recognize and enforce a foreign judgment is subject to appeal in the appellate or cassation procedure .
The CEP provides grounds for refusal to recognize and enforce foreign judgments and arbitral awards . However , certain grounds are not in full compliance with provisions of international treaties to which Uzbekistan is a party . Accordingly , there is a certain risk that , in case of conflict between an international treaty and national legislation , Uzbek economic courts would apply national legislation despite the fact that provisions of the international treaty prevail . In accordance with Article 254 of CEP , when examining a case relating to recognition and enforcement of foreign judgments , Uzbek courts may not review the judgments on the merits .
However , in terms of foreign judgments , one of the grounds for the refusal to recognize and enforce a judgment is that it contradicts basic principles of legislation of the Republic of Uzbekistan .
Experience of applying similar provisions of legislation by courts of neighboring states ( for example , Kazakhstan ) has proven that local
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