How is a dispute with the Uzbek state resolved?

Question

Accepted Answer

Four steps in order: negotiation, mediation, the Uzbek courts — and arbitration only if a treaty or contract provides for it. Negotiation — the law starts an investment dispute here. Mediation — where negotiation does not produce an agreed resolution. The Uzbek courts — a dispute unresolved by negotiation and mediation goes to the appropriate court. International arbitration — only where a treaty and/or a contract with Uzbekistan carries a valid arbitration clause. Uzbekistan’s consent must be written — under a signed and effective treaty or contract, at the time the claim is brought. Official decisions restricting an investor’s rights are appealable to a higher body or a court. The law sets a ladder rather than a choice. An investment dispute — one connected with foreign investment and arising in the course of a foreign investor’s activity in Uzbekistan — is resolved by negotiation; failing agreement, by mediation; failing that, by the appropriate Uzbek court. International arbitration comes last, and only where a treaty of Uzbekistan and/or a contract between the investor and Uzbekistan contains a corresponding and valid arbitration clause. The consent point is the one that decides whether an arbitration clause is worth anything: Uzbekistan’s agreement to arbitrate can only be written consent given under a signed and effective treaty, or under a contract between the investor and the state, in force at the moment the investor applies. Separately from all of this, decisions and acts of state bodies that restrict an investor’s rights may be appealed to a higher body or to a court, and losses caused by an unlawful administrative act are compensated by the state on a court decision — first from the body’s own off-budget funds, then recovered from the official responsible.

How is a dispute with the Uzbek state resolved?

Related questions

This calendar can be owned for you