Article 356. Procedure for considering the claim on issuing the writ of execution for enforcement of the decision of arbitration court
Civil procedure code of the Republic of Uzbekistan · Date: 22.01.2018 · In force
The claim on issuing the writ of execution for enforcement of the arbitration court decision shall be considered by the judge in person according to the rules, stipulated by this Code.
At the petition of a party to the arbitration proceedings, the judge may reclaim from the arbitration court the materials of the case, the writ of execution on which is being reclaimed, according to the rules stipulated by this Code for reclaiming the evidence.
The parties to the arbitration proceedings shall be notified by the civil court of the time and place of the court session. Non-appearance of persons duly notified of the time and place of the court session shall not be an obstacle for consideration of the claim.
When considering the case in the court session, the court shall establish the presence or absence of the grounds for denial of the issuance of the writ of execution for enforcement of the arbitration court decision, stipulated by Article 357 of this Code by means of examination of the evidence presented to the civil court to substantiate the asserted claims and objections.
When considering the case in the court session, the civil court shall not have the right to examine the circumstances established by the arbitration court or to revise the decision of the arbitration court on the merits.
Should the claim on the cancellation of the arbitration court decision be considered by the civil court as specified in part three of Article 349 of this Code, the civil court considering the claim on issuing a writ of execution for the enforcement of this decision may postpone upon debtor's petition the consideration of the claim on the issuance of a writ of execution for enforcement of the arbitration court decision.
