Guide to Arbitral Institutions and the Seat of Arbitration in Republic of Uzbekistan

• What rules will apply to the arbitration process? (the Rules), and
• What national law will govern the procedure? (the Seat).

This series covers a variety of Rules and Seats; this month we consider the Rules of the Tashkent International Arbitration Centre 2021 (the “TIAC Rules”), with the relevant arbitration seated in Republic of Uzbekistan.

But first – what are the Rules of an arbitration and what is the purpose of including the Seat in your arbitration agreement?

The Rules: It is common, and typically preferred, for parties to choose an arbitral institution to administer the arbitration by choosing a set of arbitral rules. An administered arbitration significantly lowers the administrative burden on the parties and the tribunal, such as by the institution distributing documents, assisting with the establishment of the tribunal, managing fees and payments and managing the disclosure process during arbitrator appointments and conflict of interest challenges. An administered arbitration may also provide for scrutiny of the arbitral award before it is sent to the parties (though this is not always the case). In contrast, an ad hoc arbitration does not guarantee the smooth running of the arbitration or any scrutiny of the award, as the parties will have to specifically agree all of these steps. This can add to the time and cost of the arbitration process. Where an arbitral institution is chosen to administer the arbitration, that institution will generally have institutional rules that set out, amongst other things, the process and timing for commencing proceedings, how to establish a tribunal, management of hearings, and awards. It is key to carefully consider which set of rules is best for your specific circumstances, as each set of rules has a slightly different approach to various procedural issues.

The Seat: The ‘seat’ of arbitration refers to the legal jurisdiction in which the arbitration is considered to be located for procedural and administrative purposes.

The seat determines the substantive law governing the arbitration proceedings (and, depending on the jurisdiction, may also govern the arbitration agreement itself) and the arbitration award. Where the law of the seat also applies to the arbitration agreement itself, this includes laws related to the validity, interpretation, and enforcement of the arbitration agreement and the ultimate arbitral award. The seat determines where the award was made, which is key for enforceability. The courts of the seat also have a supervisory role, to support the arbitration process, including enforcement of interim measures.

A different system of law may be selected to decide the substantive issues in dispute. For example, you could have a sale and purchase agreement that is governed by the laws of People’s Republic of China but provide for dispute resolution seated in Republic of Uzbekistan. When preparing your arbitration agreement, it is key that you consult your counsel team on the potential impact of the arbitration agreement, including the interrelation between your governing law and the arbitration agreement.

The below sets out a handy checklist of key considerations if you plan to include the TIAC Rules with the arbitration seated in Republic of Uzbekistan in your arbitration agreement.

We note that TIAC also administers disputes jointly with the Hong Kong International Arbitration Centre under the 2023 Cross-Institutional Rules of Arbitration of the Tashkent International Arbitration Centre (TIAC)-Hong Kong International Arbitration Centre (HKIAC).¹ The HKIAC was the subject of our 1 August 2024 publication.²

The Tashkent International Arbitration Centre (“TIAC”) Rules 2021³ and the Republic of Uzbekistan as the Seat of arbitration

THE RULES

How to commence arbitration under the TIAC Rules

Any party wishing to commence arbitration under the TIAC Rules (the “TIAC Rules”) must submit a Request for Arbitration to the TIAC Secretariat. The Request for Arbitration must include:

1. 1. the full names and contact details of each party, if known, and of any representatives;
   2. a request that the dispute be referred to arbitration under the TIAC Rules;
   3. a copy of the arbitration agreement;
   4. a reference to the contract or other instrument out of or in relation to which the dispute arises and, where possible, a copy of the contract or other instrument;
   5. a brief description of the nature and circumstances of the dispute;
   6. a preliminary statement of the relief sought and, to the extent possible, an indication of the amount claimed;
   7. the existence of any funding agreement and the identity of the third-party funder;
   8. any comments on the applicable law governing the merits of the dispute;
   9. any comments on the method for determining fees and expenses of the Tribunal (pursuant to Article 29.1 of the TIAC Rules);
   10. any application to introduce evidence that requires and experiment to be conducted (pursuant to Article 21); and
   11. any comments as to confidentiality, data protection or cybersecurity (including any application of the Cybersecurity Rules).⁴

The Request for Arbitration must be accompanied by payment of a non-refundable filing fee, which at the time of writing is set at USD 400 (or in UZS equivalent by Uzbek entities and individuals pursuant to applicable currency legislation).⁵

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If not previously agreed between the parties, the Request for Arbitration must also include: a proposal as to the number of arbitrators, language and seat of arbitration; and the nomination of an arbitrator (if the arbitration agreement provides for three arbitrators) or the proposal of a sole arbitrator (if the arbitration agreement provides for a sole arbitrator).

 The Request for Arbitration may also include the Statement of Claim.

 The Request for Arbitration must be sent in a number of hard copies equal to the number required to provide one copy for each arbitrator, each party other than the party making the submission, and one copy for the TIAC Secretariat.

The arbitration shall be deemed to commence on the date when the Request for Arbitration is received by the TIAC Secretariat along with proof that the filing fee has been paid. This is a key point to bear in mind in relation to limitation periods.

How to respond to a Request for Arbitration

The respondent(s) must submit an Answer to the TIAC Secretariat within 15 days of receipt of the Request for Arbitration from the TIAC. The Answer must include:

1. 1. the Respondent’s name, address and other contact details, and those of its representative(s) (if any);
   2. any plea that the arbitral tribunal lacks jurisdiction;
   3. the Respondent’s comments on the nature and circumstances of the dispute and the relief sought by the Claimant;
   4. a statement on the nature and circumstances of any counterclaim, specifying the relief sought and, where possible, an initial identification of the counterclaim amount;
   5. any comments concerning the number of arbitrators and their choice in light of the Claimant’s proposals and statements, and if the arbitration agreement calls for party nomination of arbitrators, the name and contact details of the Respondent’s nominee; or, if the arbitration agreement provides for a sole arbitrator, comments on the Claimant’s proposal for a sole-arbitrator or a counter-proposal;
   6. the existence of any funding agreement and the identity of any third-party funder;
   7. any comments on the seat and language of arbitration, and the applicable law(s) governing the merits;
   8. any comments on the Claimant’s proposal on the method for determining the fees and expenses of the Tribunal, if such proposal was communicated by the Claimant;
   9. any comments on the confidentiality, data protection or cybersecurity (including any application of the Cybersecurity Rules);
   10. any application, notice or response with respect to Article 21 of the Rules (Experimental Evidence); and
   11. proof that the payment of the filing fee for any counterclaim has been effected.

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If the Claimant has filed a Statement of Claim with the Request for Arbitration, the Respondent may also include in its Answer the Statement of Defence, and a Statement of Counterclaim (if any).

Under the TIAC Rules: How are arbitrators appointed?

The TIAC Court of Arbitration has the exclusive power to appoint or confirm arbitrators.

The TIAC Rules provide that the parties may agree the number of arbitrators, being one or three. If the parties have not agreed the number of arbitrators within the arbitration agreement or otherwise prior to the commencement of the arbitration, the TIAC Rules allow the parties 15 days from the notification from the TIAC Secretariat to agree. If the parties cannot agree, the TIAC Court of Arbitration will decide whether the case will be heard by a sole arbitrator or by three arbitrators, taking into account the complexity, the quantum and any other relevant circumstances of the case based on the Parties’ submissions in this regard.

If the parties have not otherwise agreed a process for the appointment of arbitrators (or the sole arbitrator), the TIAC Rules make provision for the TIAC Court of Arbitration to make the appointment. For a sole arbitrator, parties must jointly designate a sole arbitrator within 15 days from the date of the commencement of the Arbitration, or within such additional time as may be allowed by the TIAC Court of Arbitration or agreed by the parties.

In the case of a panel of three arbitrators, unless the parties have otherwise agreed, each party must nominate one arbitrator in the Request for Arbitration or the Answer, and the TIAC Court of Arbitration will appoint the third arbitrator, to be the presiding arbitrator.

In all cases, if a party does not meet the time limits set by the TIAC Rules, the TIAC Court of Arbitration shall appoint the necessary arbitrator(s).

Under the TIAC Rules: What is the general timeline for arbitration?

As with the majority of arbitrations, except for the timeline for filing of the Request and Answer (as set out above), the procedural timetable is left to be determined by the Tribunal (in discussion with the parties). All time limits within the arbitration are to be set by the Tribunal.

The Award

The Tribunal shall submit the draft award to the TIAC Court of Arbitration within 30 days from the date on which the Tribunal declares the proceedings closed. The TIAC Court of Arbitration may lay down modifications as to the form of the award and draw the Tribunal’s attention to points of substance. No award shall be made by the Tribunal until it has been approved by the

TIAC Court of Arbitration. The relatively short period for preparation of a draft award is a key consideration for parties seeking a short timeline for resolution of disputes.

The award will be delivered to the TIAC Secretariat, who shall transmit certified copies to the parties on full settlement of the arbitration costs.

The award shall be in writing and shall state the reasons on which it is based unless the parties have agreed that no reasons need be provided and the applicable procedural law does not require the inclusion of such reasons. The award is binding on the parties. By agreeing to arbitrate under the TIAC Rules, the parties undertake to comply with any award immediately and without delay. To the extent it can be considered valid under any applicable law, the parties also irrevocably waive their right to any form of appeal, review or recourse to any state court or other judicial authority. This is a significant restriction compared to other rules, which do allow for some appeal (typically on points of law or for serious procedural irregularity), therefore parties should carefully consider the ramifications of this limitation depending on the applicable law to the dispute.

Corrections to the Award

Within 30 days of receipt of the award, either party, with written notice to the TIAC Secretariat and the other parties, may request the Tribunal to give an interpretation of the award, correct any error in computation, any clerical or typographical error or any other error of a similar nature. The Tribunal may provide any such clarification or make any such corrections within 30 days of receipt of the request. Any interpretation, which shall take the form of a supplemental award, is deemed to be part of the final award. The Tribunal may correct any error on its own initiative within 30 days of the date of the award.

Subject to the same procedure and timeline for requesting corrections, either party may request the Tribunal to make an additional award in respect of claims or counterclaims presented in the arbitration but not dealt with in any award. The Tribunal may make any such additional award within 45 days of receipt of the request. The additional award is deemed to be part of the final award.

The TIAC Court of Arbitration may extend these timelines if necessary.

Under the TIAC Rules: Are there restrictions on what arbitral seat or applicable law may be selected?

The TIAC Rules do not limit the parties’ choice as to the seat of the arbitration, provided the selection of the seat is made in writing. In the absence of such written agreement, the seat shall be determined by the Tribunal, having regard to all the circumstances of the case.

The Tribunal may, after consultation with the parties, hold hearings or meetings at any place that it considers appropriate (including virtually). If such place is different from the seat of arbitration, the hearings or meetings shall nonetheless be treated for all purposes as having been conducted at the seat of arbitration.

Under the TIAC Rules: Is there an option for an expedited procedure?

Prior to the full constitution of the Tribunal, a party may file an application with the TIAC Secretariat for the arbitral proceedings to be conducted on an expedited basis, provided that one of the following apply:

1. 1. the amount in dispute is below USD 3,000,000 (exclusive of interest and legal representation costs);
   2. the parties expressly agree; or
   3. in case of exceptional urgency.

This expedited procedure enables the TIAC Court of Arbitration to abridge any time limits under the TIAC Rules. The case will be referred to a sole arbitrator, unless the parties agree otherwise, and the dispute may be decided on the basis of documents only, unless the Tribunal decides otherwise after consultation with the parties. The award will be made within 6 months of the transfer of file to the Tribunal, unless extended by the TIAC Court of Arbitration on exceptional grounds. The reasoning in the final award may be stated in summary form, unless the Parties have expressly agreed otherwise.

Under the TIAC Rules: Can parties appoint an Emergency Arbitrator?

A party in need of emergency relief may make an application to the TIAC Secretariat for emergency interim relief. The application can be made concurrent with, or following, the filing of the Request for Arbitration, but must be prior to the constitution of the Tribunal. This application must also be notified to the other parties and must include:

1. 1. the nature of the relief sought and the reasons why this is required on an emergency basis;
   2. comments on the language, the seat of the emergency relief proceedings, and the applicable law;
   3. the existence of any funding agreement and the identity of any third-party funder; and
   4. a statement certifying that all other parties have been notified or an explanation of the measures taken to notify the other parties.

The application must also be accompanied by a non-refundable filing fee of USD 500 (at the time of writing).

If the application is accepted, the TIAC Court of Arbitration will appoint an Emergency Arbitrator within three business days of receiving the application (and filing fee). The TIAC Court of Arbitration may also determine a deposit for the arbitrator’s fees that will also be payable before the matter will progress.

All time limits set out in the TIAC Rules are shortened to three business days, save that any challenge to the Emergency Arbitrator once appointed must be made within two business days of the communication by the TIAC Secretariat to the parties of the appointment. The seat of the emergency arbitration shall be the same seat as the parties agreed for the main arbitration. If the parties have not agreed a seat for the arbitration, the seat for the emergency arbitration shall be determined by the Emergency Arbitrator, having regard to all the circumstances of the case.

Any decision or award of the Emergency Arbitrator must be made within 15 days from the date on which TIAC transmitted the case file to the Emergency Arbitrator.

Under the TIAC Rules: How are the fees for arbitration assessed?

The Claimant party, when submitting its Request for Arbitration, must pay a non-refundable filing fee. The TIAC has no administration fees. However, in addition to the filing fee, arbitration costs under the TIAC Rules include the arbitrators’ fees and expenses and, if applicable, the costs of any expert appointed by the Tribunal. Such fees are determined in accordance with the Fees Schedule⁶ in force at the time of commencement of the arbitration.

 The TIAC Court of Arbitration will fix the amount of deposits payable towards the costs of the arbitration. Unless the TIAC Court of Arbitration directs otherwise, the amount of deposits are payable in equal shares by the parties. The parties are jointly and severally liable for the arbitration costs. If either party fails to pay its share, the other party will substitute the other party’s share at the request of the TIAC Secretariat.

Under the TIAC Rules: Can the parties have a virtual or hybrid hearing?

The Tribunal has the power to select the location of any hearing. Although not expressly stated in the TIAC Rules, the TIAC does provide for virtual hearings, and in fact primarily accepts and administers cases virtually.⁷ As at 31 December 2021 (the most recent available statistics), 100% of the TIAC’s caseload was administered virtually.⁸ Parties seeking an in-person hearing should be aware of this when drafting the arbitration agreement. While this is a more cost effective and environmentally friendly method of arbitration than in-person hearings, if parties want the benefits of an in-person hearing, they may wish to provide for this in the arbitration agreement if choosing TIAC Rules.

Under the TIAC Rules: Can proceedings be consolidated?

At the request of a party, the Tribunal or, where the Tribunal has yet to be constituted, the TIAC Court of Arbitration can consolidate two or more pending arbitrations. This can only be done where:

1. 1. the parties agree to consolidate;
   2. all claims in the arbitrations are made under the same arbitration agreement; or
   3. the arbitration agreements are compatible and the disputes arise out of:
      1. the same legal relationship(s),
      2. contracts consisting of a principal contract and its ancillary contract(s), or
      3. the same transaction or series of transactions.

A request for consolidation must be submitted to the TIAC Secretariat (prior to the constitution of the Tribunal) or to the Tribunal (if already constituted), and a copy must be sent to all the parties to each arbitration in question. This request must include:

1. 1. the case reference number of the pending arbitral proceedings and whether the additional party is to be joined as a claimant or respondent;
   2. the name, address and contact details of all parties, including the additional party to be joined and their representatives, if any, and of arbitrator(s) who have been nominated to be appointed in the pending arbitral proceedings;
   3. identification of the arbitration agreement that has been invoked and a copy of that arbitration agreement;
   4. a reference to the contract or other instrument out of or in relation to which the dispute arises and, where possible, a copy of the contract or other instrument;
   5. if the application is being made by agreement between the parties, identification of the relevant agreement and, where possible, a copy of such agreement; and
   6. a brief description of the factual and legal basis for a request for consolidation.

If the TIAC Court of Arbitration or the Tribunal, as appropriate, decides to consolidate, the arbitrations will be consolidated into the arbitration that is deemed to have commenced first, unless otherwise agreed by all parties, or as otherwise decided by the TIAC Court of Arbitration or the Tribunal, as appropriate, having regard to the circumstances of the case.

Under the TIAC Rules: What disclosures do arbitrators and parties have to make?

Before appointment by the TIAC Court of Arbitration, a prospective arbitrator shall sign a declaration in accordance with the TIAC Guidelines, containing, inter alia, a statement of acceptance, impartiality and independence. Arbitrators have a continuing duty to disclose to the parties, the TIAC Secretariat, the TIAC Court of Arbitration and the other members of the Tribunal any circumstances which might be of such nature as to call into question or give rise to reasonable doubts as to the arbitrator’s impartiality, or independence.

Under the TIAC Rules: Are awards and hearings confidential?

Unless otherwise agreed by the parties in writing, each party (including any arbitrator, including any Emergency Arbitrator, and any person appointed by the Tribunal, including any administrative secretary to the Tribunal and any expert) must keep confidential the existence of the arbitration, all awards and orders in the arbitration, together with the existence of the arbitration, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another Party in the proceedings.

This duty of confidentiality applies, except and to the extent that disclosure may be required:

1. 1. to enforce or challenge the award or the Emergency Arbitrator’s decision;
   2. to protect or pursue a legal right or interest of the party making the disclosure;
   3. to comply with the provisions of the laws of any state, which are binding on the party making the disclosure;
   4. to any government body, regulatory body, court or tribunal where the party is obliged by law to disclose the above mentioned information;
   5. pursuant to the order of, or a subpoena issued by, a court of competent jurisdiction;
   6. to a person for the purposes of having, or seeking, third-party funding of arbitration;
   7. to a professional or any other adviser of any of the parties, including any actual or potential witness or expert; or
   8. for the purpose of any request under Article 7 (Joinder) and Article 8 (Consolidation).

The Tribunal has the authority to take appropriate measures and sanction a party through an order or an award, if a party breaches these duties.

The TIAC does not advertise any dedicated hearing rooms and, as noted above, the majority its caseload is administered virtually. The address of the centre itself is Tashkent International Arbitration Centre (TIAC) (c) Amir Temur street, 4 Tashkent, Uzbekistan 100047.

Where hearings are to be held in-person, typical venues include conference centres and hotels in any location the Tribunal may select.

What is the case load of the TIAC?

Speaking in July 2024, the Director of the TIAC reported that, since its establishment in 2018, TIAC has handled “nearly 70 international arbitration cases across a range of sectors such as construction, sale of goods contracts, agriculture, oil and gas and more. Parties to these disputes have come from Uzbekistan and other CIS states like Kazakhstan and Russia, as well as countries further afield such as China, Hong Kong, Singapore, Turkey, Italy, and the Netherlands.”⁹

What is the approach of the TIAC to diversity?

In September 2021, Diana Bayzakova, TIAC Director, commented that “[d]iversity is at the heart of everything we do and the development of the TIAC Diversity Toolkit is an innovation that seeks to further enhance the process in which TIAC considers and makes institutional arbitrator appointments in TIAC-administered cases.”¹⁰ As at the date of writing, the Toolkit is not publicly available online, but we look forward to updates.

The TIAC has established an internationally diverse panel, and also maintains a reserve panel of “next generation” arbitrators.¹¹ There is no published data regarding the identity and appointment of arbitrators to TIAC administered disputes.

The TIAC is a signatory to the Equal Representation in Arbitration Pledge.

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THE SEAT

What legislation is applicable to the arbitration agreement?

Arbitration in Uzbekistan is governed by the Law of the Republic of Uzbekistan on International Commercial Arbitration 2021¹² (the “2021 Law”) and the Law on Arbitration Courts.¹³ The 2021 Law is a single unitary regime based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The 2021 Law adopts the 2006 revisions of the UNCITRAL Model Law, including allowing both courts and tribunals to grant interim measures in support of arbitration and strengthening the Uzbekistan Court’s ability to enforce interim measures granted in other jurisdictions.¹⁴

Further, the 2018 Presidential Decree, which established the TIAC, granted it extensive privileges and incentives, such as:¹⁵

• • • VAT exemptions on the TIAC’s arbitration services;
    • Income tax exemptions for foreign arbitrators;
    • Abolishing work permit requirements for foreign arbitrators;
    • Allowing foreign counsel to represent parties without Uzbek legal qualification;
    • Express permission for the use of foreign substantive law; and
    • Judicial assistance powers for local courts to aid arbitral proceedings.

This demonstrates Uzbekistan’s dedication to creating a legal environment in Uzbekistan that is supportive of international arbitration at a level comparable to states that have a reputation as well-established arbitration forums. For example, through the changes to allow the involvement of foreign arbitrators, the use of foreign law, and judicial assistance in relation to interim measures and enforcement. Since its inception, TIAC has successfully promoted international arbitration in Uzbekistan and informed the global arbitration community about Uzbekistan as an attractive seat. The exemption of VAT charges for TIAC arbitration services, the exemption of income tax for foreign arbitrators’ fees, and the waiver of the licensing requirements for foreign counsel to act in arbitral proceedings in Uzbek courts all seek to make TIAC an attractive choice for arbitration users in Uzbekistan and in the wider Commonwealth of Independent States region.

Are there any mandatory laws that impact the procedure?

Neither the 2021 Law nor the Law on Arbitration Courts appear to provide for any specific mandatory provisions that would impact arbitral procedure.

Can the Tribunal rule on issues of jurisdiction?

Article 21 of the 2021 Law provides that the arbitral court can rule on its own jurisdiction, including on any objections with respect to the existence or validity of the arbitration agreement. The arbitral tribunal can rule on this either as a preliminary matter or in an award on the merits of the dispute.¹⁶

ENFORCEMENT AT THE SEAT

Is Uzbekistan a contracting State to the New York Convention?

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention has effect in Uzbekistan.

The 2021 Law is the primary legislation governing enforcement of international arbitral awards in Uzbekistan, however, in respect of awards from contracting states to the convention, the 2021 Law implements the New York Convention. As of 2024, 173 countries are signatories to the New York Convention.

The New York Convention is a pivotal international treaty that facilitates the recognition and enforcement of international arbitration agreements and awards. Its purpose is to ensure that arbitration agreements and awards are recognised and enforced across its member states with minimal procedural difficulty by requiring contracting states to:

1. 1. recognise and enforce arbitration agreements;
   2. enforce arbitral awards made in other contracting states;
   3. only refuse recognition or enforcement of these awards on limited prescribed grounds.

Enforcement challenges under Uzbekistan law

Uzbekistan local courts may only set aside or invalidate an award on the following grounds:¹⁷

1. If a party successfully submits that:
   1. a party to the arbitration agreement was in under any incapacity when entering into the arbitration agreement, or
   2. the agreement is invalid under the law to which the parties have subjected it or, in the absence of any indication of such law, under the law of the country where the award was made;
2. the Tribunal decided disputes or issues that fall outside the scope of the arbitration agreement;¹⁸
3. the composition of the Tribunal is not in accordance with the agreement of the parties or, in the absence of such agreement, was not in compliance with the law of the country where the arbitration took place;
4. the party against which the award is being enforced was not able to properly present its case because it was not properly informed about the appointment of the Tribunal, or the time and place of a hearing;
5. the court determines that the subject matter of the dispute cannot be submitted to arbitration under the laws of Uzbekistan;¹⁹
6. acknowledgement or enforcement of the award is contrary to public policy.

It is also possible for a party to appeal an arbitral award to the courts in Uzbekistan on the same grounds as those relevant to recognition and enforcement, which may result in revocation by the court.²⁰ In the case of either revocation or acknowledgment and enforcement, it is possible for the Court to recognise only part of the award, if the grounds for revocation²¹ or non-recognition apply only to part of the award and can be separated.

The Law on Arbitration Courts also sets out further grounds for refusal to recognise an arbitral award, that appear to be applicable only to domestic arbitration.²²

For an award made by a tribunal pursuant to an arbitration seated in a state which is a party to the New York Convention (other than the Uzbekistan), Uzbekistan courts may refuse recognition and enforcement if the party resisting enforcement can prove:

1. 1. that a party to the arbitration agreement was under some incapacity;
   2. the arbitration agreement was invalid;
   3. it was not given proper notice of the appointment of arbitrators, or of the arbitral proceedings, or was otherwise unable to present its case;
   4. the award deals with matters that were not within the terms of the submission to arbitration;
   5. that the composition of the Tribunal, or the arbitral procedure was not in accordance with the arbitration agreement (or otherwise with the law of the country where the arbitration took place); or
   6. the award has not yet become binding or has been suspended by the competent authority of the arbitral seat.

What are the requirements for a valid arbitration agreement?

Under the 2021 Law, the arbitration agreement must:²³

1. 1. be in writing (which may include the exchange of letters or electronic communications);
   2. set out what disputes are subject to the arbitration agreement; and
   3. if the dispute is to be submitted to a permanent arbitration, specify the name of the court.

The arbitration agreement may be part of the main contract or separate,²⁴ and may specify the applicable rules, the place and language of arbitration.²⁵

The arbitration agreement is treated as separable from the main contract, so that even if the Tribunal determines the main contract is invalid, the arbitration agreement is not void.²⁶

The domestic arbitration law in Uzbekistan expressly states that disputes arising from civil legal relations are arbitrable, but disputes arising from administrative, family and labour legal relations are not; other local laws may also specify disputes that cannot be submitted to arbitration.²⁷

Include end note: From an enforcement perspective, under the New York Convention, an arbitration agreement must be:

1. 1. in writing;
   2. dealing with current or future disputes with a defined legal relationship;
   3. concerning a matter that is capable of settlement by arbitration;
   4. between parties that have legal capacity; and
   5. valid under the law chosen by the parties, or the law of the seat (if there is no choice).

Therefore, these additional requirements must be complied with in order to benefit from the New York Convention.

¹ https://www.tiac.uz/tiachkiac-rules-of-arbitration.

² https://www.velaw.com/insights/guide-to-arbitral-institutions-and-the-seat-of-arbitration-in-hong-kong/.

³ https://www.tiac.uz/tiac-rules-of-arbitration.

⁴ Under the Cybersecurity Rules, each participant in the arbitration shall limit access to Arbitration Data to only those persons whose access is required for the efficient and appropriate conduct of the arbitration, and only for this duration. Each participant shall take all reasonable steps to mitigate the risks of Security Breach by subjecting access to Arbitration Data to the following conditions:

1. 1. Multi-factor authenticated accounts;
   2. Full encryption and password protection on any portable devices;
   3. No access through public Wi-Fi networks; and
   4. Unique log-in identifications and passwords.

Communications must be content filtered and encrypted (whilst in transit), and all reasonable steps must be taken to ensure that IT systems are adequately protected from cyberattacks through:

1. 1. 1. 1. 1. Cybersecurity software;
            2. A patch management system; and
            3. Regular back-ups.

Any material obtained as a result of hacking activity may not be disclosed or otherwise relied on by any party and will not be admissible as evidence. This is irrespective of whether the party intending to disclose was directly or indirectly involved in the hacking.

⁵ Refer to the TIAC website for current filing fees as at the date of reading.

⁶ https://www.tiac.uz/tiac-rules-of-arbitration.

⁷ https://globalarbitrationreview.com/review/the-asia-pacific-arbitration-review/2022/article/tashkent-international-arbitration-centre-uzbekistans-new-arbitral-institution.

⁸ https://arbitrationblog.kluwerarbitration.com/2021/12/31/technology-and-2021-rules-of-arbitration-of-the-tashkent-international-arbitration-centre-tiac-at-the-chamber-of-commerce-and-industry-of-uzbekistan/.

⁹ https://arbitrationblog.kluwerarbitration.com/2024/07/12/interviews-with-our-editors-diana-bayzakova-and-dr-islambekov-rustambekov/.

¹⁰ https://www.tiac.uz/media#:~:text=Diversity%20is%20at%20the%20heart,appointments%20in%20TIAC%2Dadministered%20cases.

¹¹ https://www.tiac.uz/arbitrators.

¹² https://www.international-arbitration-attorney.com/wp-content/uploads/2022/09/Uzbekistan-Arbitration-Law.pdf.

¹³ https://lex.uz/docs/1072079# ; the Law on Arbitration Courts appears to deal largely with domestic arbitration in Uzbekistan.

¹⁴ https://research.hktdc.com/en/article/MTM2ODAzNTk5OA.

¹⁵ https://arbitrationblog.kluwerarbitration.com/2024/07/12/interviews-with-our-editors-diana-bayzakova-and-dr-islambekov-rustambekov/.

¹⁶ The Law on Arbitration Courts also provides for tribunals to determine their own jurisdiction, see Article 24 of the Law on Arbitration Courts.

¹⁷ Article 52 of the 2021 Law.

¹⁸ Note, if only part of the decision was made beyond the Tribunal’s jurisdiction and that portion of the award can be separated from the Tribunal’s findings on matters falling within its jurisdiction, then the award shall only be partially set aside.

¹⁹ For example, disputes arising from administrative, family and labour law relations, or related to bankruptcy (insolvency) are not arbitrable in Uzbekistan, see Article 9 of the Law on Arbitration Courts.

²⁰ Article 50 of the 2021 Law.

²¹ Articles 50 and 52 of the 2021 Law.

²² Article 10 of the Law on Arbitration Courts.

²³ Article 12 of the 2021 Law.

²⁴ Article 12 of the 2021 Law.

²⁵ Article 13 of the 2021 Law.

²⁶ Article 21 of the 2021 Law.

²⁷ Article 9 of the Law on Arbitration Courts.