Article 52. Grounds for refusal to acknowledge or enforce an arbitral award
On international commercial arbitration (ZRU-674-son) · Date: 16.02.2021 · In force
Acknowledgement or enforcement of an arbitral award, regardless of the country in which it was made, may be refused only in the following cases:
1) at the request of the party against whom it applies, if that party submits to the court before which acknowledgement or enforcement is sought proof of the fact that:
either of the parties to the arbitration agreement referred to in Article 12 of the present Law was in any way incapable; or the agreement is invalid under the law to which the parties have subjected it or, in the absence of any indication of such law, under the law of the country where the award was made; or
the party against whom the award is made has not been duly notified of the appointment of an arbitrator or of the arbitral proceedings or for other reasons has been unable to present its arguments; or
the arbitral award is made on the dispute the resolution of which is not envisaged for arbitration, or not subject to the conditions of the application to arbitration, or contains rulings on matters beyond the scope of the arbitration agreement. However, if the rulings on matters subject to arbitration can be separated from those not subject to arbitration, that portion of the award which contains rulings on matters subject to arbitration may be acknowledged and enforced; or
the composition of the arbitral court or the arbitral procedure were not in compliance with the agreement of the parties or, in the absence of such agreement, were not in compliance with the law of the country where the arbitration took place; or
the arbitral award has not yet become binding on the parties or has been revoked or suspended by a court of the country in which, or under the law of which, it was made; or
2) if the court determines that:
the subject matter of the dispute is not subject to arbitration under the legislation of the Republic of Uzbekistan; or
acknowledgement and enforcement of the arbitral award is contrary to the public order of the Republic of Uzbekistan.
If an application for annulment or suspension of an arbitral award has been filed with the court referred to in para 6 of paragraph 1 of part 1 of this Article, the court where acknowledgement or enforcement is sought may - if it deems it appropriate - postpone its award and may also, upon application of the party requesting acknowledgement or enforcement of the award, oblige the other party to provide appropriate security.
