RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of June 15, 2012 No. 238

About some questions of application of the legislation by consideration by economic courts of the cases connected with arbitration

For the purpose of ensuring the correct and uniform application by economic courts of regulations of the legislation by hearing of cases on cancellation of the decision of reference tribunal and issue of writ of execution on forced execution of the decision of reference tribunal, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan decides:

1. By hearing of cases about cancellation of the decision of reference tribunal and issue of writ of execution on forced execution of the decision of reference tribunal economic courts should be guided by the Law of the Republic of Uzbekistan "About reference tribunals" (further - the Law), the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) and other legal acts.

Explain to economic courts what put about cancellation of the decision of reference tribunal and issue of writ of execution on forced execution of the decision of reference tribunal are considered by the general rules provided by EPK with the features established in Chapters 28 and 29 of EPK.

2. Draw the attention of courts that the arbitration agreement is the written agreement of legal entities and physical persons about transfer of dispute on permission of reference tribunal and only in the presence of such agreement the dispute can be transferred to permission of reference tribunal. The arbitration agreement can be drawn up in the form of clause in the agreement which is agreement component, or in the form of the free standing agreement.

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