On August 20, 2018 in Namangan held a regional seminar on the topic: "The role of arbitration courts in protecting the rights and legal interests of business entities", organized by the Chamber of Commerce and Industry of the Republic of Uzbekistan and its territorial office in Namangan region, the General Prosecutor's Office of the Republic of Uzbekistan and Namangan regional prosecutor's office.
The seminar was attended by officials from the Chamber of Commerce and Industry of the Republic of Uzbekistan and its territorial offices in the Andijan, Namangan and Fergana provinces, the prosecutor's office and the justice department of the Namangan region, the courts of the Namangan regional and inter-district courts on civil cases and economic courts of the Namangan region, arbitrators, entrepreneurs, as well as representatives of the media.
During the seminar, reports were heard on the topics: "Legal foundations of the activities of arbitration courts in Uzbekistan, their role and importance in resolving disputes", "The role of prosecution authorities in protecting the rights and legitimate interests of entrepreneurs", "Features of economic disputes by arbitral tribunals "," Advantages of arbitration and the procedure for conducting cases in arbitration courts ".
As noted at the seminar, currently in Uzbekistan there is a period of sustainable economic development. Business activity is growing, commercial turnover is accelerating and expanding its scope. Naturally, the more intensively the relations between entrepreneurs develop, the greater the probability of legal conflicts between them. At the same time, any conflict in economic relations slows down the development of entrepreneurial activity. In these conditions, it is very important that legal mechanisms be established in the society that ensure the prompt, fair and lawful settlement of disputes and protection of violated rights.
The most common and reliable way to protect violated civil rights is judicial protection, which is carried out by state courts (courts in civil cases and economic courts). At the same time, a society that bases its life on the principles of a market economy has come to the conclusion that it is necessary to form alternative ways of resolving disputes. One of the most popular and effective alternative ways to resolve civil disputes is the arbitration court.
In this regard, Uzbekistan has created and is improving the legal basis for the organization and operation of arbitration courts. For example, to adopt the Law of the Republic of Uzbekistan "On Arbitration Courts". This Law regulates the procedure for the formation and activities of arbitration courts, the transfer of disputes for the resolution of arbitration courts, the form and content of the arbitration agreement, the composition of the arbitral tribunal, the costs of the arbitral tribunal, arbitral proceedings, acts of the arbitral tribunal, contestation and enforcement of the decision of the arbitral tribunal.
In addition, the Law "On the Chamber of Commerce and Industry of the Republic of Uzbekistan", adopted in a new edition on July 9 of this year for the first time, the arbitration courts are included in the Chamber's system, and a separate article defines the procedure for the functioning and implementation of the activities of arbitration courts.
During the seminar, the speakers noted that the advantages of the arbitration court are: the choice of the arbitration court and the particular arbitrator, the place and time of the dispute; confidentiality of the proceedings; impartiality of judges; economy; efficiency; availability of guarantees for the enforcement of decisions of the arbitral tribunal. In addition, the amount of the arbitration fee is 0.5 percent of the amount of the claim, and the members of the Chamber have privileges in handling the statement of claim to the Arbitration Court; they pay an arbitration fee of 75 percent of the established amount, as well as the decision of the Arbitration courts in the main (about 90 percent) is performed voluntarily.
In his report, the Chairman of the Arbitration Court at the Chamber of Commerce and Industry of Uzbekistan, Foziljon Otakhonov, noted that the Arbitration Courts of the Chamber and its territorial offices for 2007-2018. 12827 cases were considered for a total of 756.3 billion soums, 55.6 million dollars and 195.1 thousand euros, and for 6 months of 2018 2,381 cases were considered for a total of 252.7 billion soums and 1.4 million million US dollars. If we compare it with the same period in 2017, this is more for 1,704 cases.
Procuratorial bodies conduct certain work to protect the rights and legitimate interests of business entities. Pursuant to the legislative acts in this area: measures are being taken to promote legislation, to bring protests against illegal decisions, to make submissions on eliminating the causes of violations of the law and bringing suits to the courts, in addition to bringing disciplinary, administrative and material responsibility to officials, violations of the law are instituted criminal proceedings.
Participants of the seminar made concrete proposals: on propaganda and agitation of the activities of arbitration courts; the compilation of materials on the practice of arbitration courts and the publication of a collection; development of interaction of arbitration courts with competent courts; training, retraining and advanced training of candidates for arbitrators and arbitrators; Establishment of an exchange of experience by an arbitration tribunal for dispute resolution; enforcement of decisions of arbitration courts; improvement of the legal basis for arbitration.
Press-service of the Chamber of Commerce and Industry of the Republic of Uzbekistan