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International Litigation – Uzbekistan

posted 3 months ago

Author

Sherzod Abdulkasimov

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+99899*****

At PraeLegal Uzbekistan, we specialise in a broad range of litigation services, including civil, commercial, corporate, criminal, administrative, IP, as well as cross-border disputes. Our firm is particularly recognised for its strategic approach to complex, high-stakes litigation cases. What distinguishes us is our deep knowledge of local and international legal systems, combined with a proactive and solution-orientated mindset. We offer bespoke litigation strategies tailored to meet each client’s unique needs, ensuring the highest level of representation at every stage of the litigation process. We provide sophisticated advice to numerous regulated construction areas, including domestic and foreign companies. We also assist clients in administrative procedures involving state agencies and authorities.

In addition, our team of experienced litigators is known for handling intricate cases with confidence and skill, positioning us as a market leader within the sphere of litigation in the Uzbek market. We leverage our international network, allowing us to provide comprehensive legal advice that addresses the global aspects of modern litigation. Our litigation lawyers have extensive experience in representing our clients in the Supreme Court, the Higher Economic Court, the lower courts, as well as the arbitration courts.

We are currently concentrating on corporate and commercial disputes, as well as criminal cases. Our clients include multinational corporations, financial institutions and high-net-worth individuals.

The case was filed by the Agency for the Development of the Pharmaceutical Industry. The agency sought the destruction of more than 50 types of substandard medicines valued at over 20 million USD.

Initially, the Tashkent Inter-District Economic Court ruled in favour of the agency, which was upheld by the appellate court. However, upon our review and representation at the Supreme Court level, we successfully argued that the remaining medicines met quality standards. The Supreme Court annulled the earlier decisions, leading to the conclusion that only two specific medicines, Dok-1 Max and Ambroxol, should be destroyed. Consequently, we preserved more than 50 types of medicines for “Quramax”, securing a significant outcome for our client for the amount of approximately 20,000,000 USD.

This case underscores our commitment to thorough preparation and strategic advocacy in complex litigation scenarios. Our team is consistently engaged in managing complex cases, often involving multiple jurisdictions. The use of modern legal technologies and digital case management tools enables us to streamline our operations and handle a high volume of litigation effectively.

Moreover, we have a certified Client Relations Manager who oversees all communications with both national and international clients within the firm, ensuring effective engagement and support.

We are currently most active in commercial and investment disputes, with a significant focus on the construction, energy and telecoms and mining sectors. Meanwhile, with the growing complexity of business operations and increasing market competition, commercial disputes have risen significantly. Companies are seeking our expertise to navigate contract disputes, partnership conflicts and shareholder issues effectively. As regulatory environments evolve, corporations face heightened scrutiny regarding governance practices. Our focus on corporate governance disputes reflects the need for companies to ensure compliance and manage internal conflicts effectively.

Arbitration is becoming increasingly popular as businesses look for more flexible and efficient methods to resolve disputes. At PraeLegal Uzbekistan, we are committed to guiding clients through the arbitration process, leveraging our expertise to help them navigate disputes effectively and achieve favourable outcomes. We frequently engage in international arbitration, representing clients before leading institutions, such as the ICC, LCIA, SIAC and VIAC, as well as CIETAC.

Yes, certain clients are more suited for litigation than other forms of dispute resolution, particularly those involved in complex or high-stakes disputes wherein legal precedents, extensive documentation or regulatory compliance are critical. Clients in such industries as pharmaceuticals, construction and finance frequently face situations where litigation is more effective due to the nature of their disputes.

These industries involve matters of public policy or regulatory compliance, where court litigation may provide the necessary authority or precedent. In addition, when cases involve the enforcement of contractual rights or IP, litigation can be the most efficient and enforceable method for resolving disputes and obtaining remedies.

For clients requiring public record or precedent, court litigation also serves as a more transparent and binding method of dispute resolution compared to ADR options.

Tashkent International Arbitration Centre (TIAC) offers impartial and fully neutral dispute resolution services to Uzbek and international parties. TIAC actively works to promote international best practices in arbitration and collaborates with law firms to ensure high standards of ADR services in the country. The Chamber of Commerce & Industry of Uzbekistan is another key player, often assisting in local and regional dispute resolution.

Today, the Chamber works hard on expanding its spectrum of services, as well as ensuring their quality, so that representatives of the business community and foreign investors receive duly competent assistance from experts of the Chamber and its divisions.

These institutions provide such resources as training for arbitrators and legal professionals. Furthermore, they organise seminars, workshops and forums, such as Uzbek Arbitration Week (UzAW), to further develop Uzbekistan’s dispute resolution infrastructure. Similarly, they engage in modernising arbitration practices to attract more international businesses by promoting transparency and efficiency.

Cross-border litigation presents several challenges, such as jurisdictional issues, conflicting laws and enforcement of judgements. Differences in legal frameworks and procedural rules between countries can complicate case management and the overall strategy. In addition, the cost and time involved in litigating across borders are significantly higher than domestic cases – making efficient management of resources crucial. Protecting confidential information and navigating differing data protection regulations across jurisdictions also pose significant challenges for businesses involved in international legal disputes.

At PraeLegal Uzbekistan, our experience and global network allow us to navigate these challenges efficiently. We collaborate with foreign counsel when necessary, ensuring that we meet both local and international legal standards. At the same time, our strong knowledge of international treaties and conventions, such as the New York Convention for the recognition and enforcement of foreign arbitral awards, enables us to secure favourable outcomes for our clients in cross-border disputes.

There has been a notable rise in ESG-related litigation, driven by increased global awareness and regulatory scrutiny. Cases concerning environmental compliance, corporate governance and social responsibility are becoming more frequent – especially as businesses are held accountable for their impact on local communities and the environment.

The primary challenge with ESG litigation lies in the ambiguity of regulations and the subjective nature of ESG standards. Often, these cases require expert opinions from various fields, such as environmental science or social governance, to support legal arguments. For businesses in Uzbekistan, there is a further need to balance economic growth with sustainable development, which can complicate the litigation process.

At PraeLegal Uzbekistan, we have observed a significant increase in ESG litigation first-hand. This trend encompasses a variety of disputes, including climate change litigation, supply chain issues, and corporate governance disputes.

Sharing information and insight is essential for the evolution of the litigation community. Publications, seminars and networking events not only facilitate the exchange of best practices, but also enable practitioners to stay updated on recent legal developments, trends and precedents. Events like Uzbek Arbitration Week (UzAW), in which we actively participate and are permanent annual sponsors, are vital platforms for fostering professional relationships and expanding knowledge in specific practice areas.

Beyond participation and sponsorship, we are also the proud organisers of “Uzbek Law Day”, an esteemed annual platform that brings together leading legal minds, policymakers and industry experts from Uzbekistan and abroad. This event serves as a cornerstone for in-depth discussions on key legal issues, challenges and emerging trends across a variety of sectors.

Uzbek Law Day is not only a networking event, it is also an opportunity to cultivate meaningful professional relationships and collaborations. It allows legal professionals to exchange insights, share expertise and explore innovative solutions to complex legal matters. The knowledge shared during these events not only enriches the participants, but also strengthens the overall legal infrastructure of Uzbekistan.

We prioritise being at the forefront of these initiatives, regularly contributing to legal publications and engaging in international legal forums. This helps us to provide informed advice to our clients, aligning with global standards and trends.

Choosing PraeLegal Uzbekistan as a legal partner means selecting a team that shares your commitment to technology and innovation. Our combination of excellence, deep industry expertise and local insight positions us as the ideal choice for companies seeking sophisticated legal solutions in the tech sector. We closely monitor upcoming reforms. Stricter regulations in these areas may lead to an increase in litigation – as companies adapt to comply with new standards, potentially resulting in more disputes.

We take pride in providing personalised, forward-thinking and strategic legal counsel, ensuring that our clients are not only protected, but also positioned for growth and leadership in a competitive market. With PraeLegal, we ensure to secure a partnership that is dedicated to understanding your business, achieving your objectives and navigating the complexities of technology, IT and AI law together.

There are several new and pending developments that may impact our litigation work at PraeLegal Uzbekistan. Advancements in technology, including data analytics and AI, are transforming how we handle litigation. These tools can enhance our ability to analyse complex cases, streamline document review and improve case management.

Our commitment to client success goes beyond traditional legal services. We strive to build lasting partnerships with our clients by fully understanding their unique challenges and goals.

Our team is dedicated to staying ahead of industry trends and legal developments to provide proactive and strategic advice. We also prioritise continuous professional development to ensure that our knowledge and skills remain cutting-edge.

Responses supplied by Sherzod Abdulkasimov, Managing Director, and Davranbek Ahmatov, Managing Partner.

Main Guide

International Litigation – Uzbekistan

posted 2 years ago

Litigation is the final legal process for settling disputes, but its practice is intertwined with alternative forms of dispute resolution…

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Commercial or mercantile law relates to the interactions, rights and conduct of individuals or businesses engaged in trade and commerce…

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Real estate law encompasses landowners’ transactions and shares common ground with property law – and the myriad ways in which land and property are utilised for personal and business endeavours…

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The collective framework known as corporate law governs the rights, conduct and relations of individuals, companies and organisations doing business…

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Intellectual property covers a variety of creations, encompassing patents, copyright, trademarks. The legality surrounding them varies from country to country…

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