Interim Measures in Judicial Proceedings in Uzbekistan
1) What conditions must be met for the application of interim measures in Uzbekistan?
Interim measures are permitted at any stage of legal proceedings if the absence of such measures could complicate or render the enforcement of a judicial act impossible.
The interim measures must be proportionate to the claims and aimed at preserving the existing state of the parties’ relations.
2) What types of interim measures can be applied by Uzbek courts?
The following interim measures may be applied:
1. attachment of the defendant’s property or funds;
2. prohibition on the defendant from performing certain actions;
3. prohibition on third parties from performing certain actions related to the subject of the dispute;
4. suspension of enforcement under an executive or other document contested by the claimant, where enforcement is carried out in an undisputed (non-acceptance) manner;
5. suspension of property sale in cases where an application for release from attachment is being reviewed;
6. imposition of an obligation on the defendant to take specific actions to prevent damage or deterioration of the disputed property;
7. transfer of disputed property to a third party (custodian).
The court may apply other interim measures and may also simultaneously adopt multiple interim measures. When adopting measures to secure a claim, the court is entitled, upon the defendant’s request, to adopt measures to ensure compensation for any potential losses incurred by the defendant.
3) What documents and evidence are required to file a motion for interim measures?
No additional documents are required to file an application for interim measures simultaneously with the claim or during the substantive proceedings, except for providing evidence relevant to the requested measures.
The type of evidence may vary depending on the circumstances of the case and the purpose of the interim measures.
To assist proceedings in commercial courts, evidence of filing a claim in the commercial court must be attached to the application for interim measures. When submitting an application for the recognition and enforcement of interim measures, a certified copy of the commercial court's ruling on the adoption of interim measures must be attached. A copy of the ruling from a permanent arbitral institution should be certified by the head of that institution, while an arbitrator's signature on a copy of the ruling from an ad hoc arbitral tribunal must be notarized.
4) How long do interim measures last in Uzbekistan?
Interim measures remain in effect until they are revoked. They may be revoked in the following cases:
1. Upon issuance of a court ruling granting a motion by a party involved in the case to revoke the interim measures;
2. Upon entry into legal force of a judicial act denying the claim, dismissing the claim without consideration, or terminating the proceedings;
3. Upon issuance of a ruling by review instances upholding an appeal against the ruling on the application of interim measures.
5) Can interim measures be appealed in Uzbekistan?
Parties involved in the case may appeal the ruling on the application of interim measures in the review instances within the time frame and procedure established for appealing decisions of courts of first instance.
Author: Irina Obukhova
