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INTERNATIONAL COMMERCIAL ARBITRATION AT THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF TAJIKISTAN

With the adoption of Law of the Republic of Tajikistan on International Commercial Arbitration on March 18, 2015, for the first time in the national history of legal development, an integral legislative framework was established in the field of international trade, regulating the institution of international commercial arbitration, recognition and enforcement of relevant decisions in resolving foreign economic disputes.
This Law regulates relations related to the organization of international commercial arbitration, the procedure and conditions for the recognition and enforcement of decisions of international commercial arbitration in the territory of the Republic of Tajikistan.
Thus, the International Commercial Arbitration is able to provide impartial, objective, prompt, highly qualified and timely resolution of the foreign trade conflict, by creating a procedurally independent system of non-state dispute resolution in international commerce, this is one of its main advantages.
Considering the role of the Chamber of Commerce and Industry of the Republic of Tajikistan as a defender of the rights and interests of the business community, both at the domestic and international levels, in accordance with this Law, international commercial arbitration was established at the Chamber of Commerce and Industry of the Republic of Tajikistan.
International Commercial Arbitration at the Chamber of Commerce and Industry of the Republic of Tajikistan (hereinafter referred "ICAT") is a permanent, non-profit organization that operates on a reimbursable basis.

Goals, objectives and powers of the ICAT

The ICAT permits disputes arising from contractual and other civil law relations submitted for its consideration by agreement of the parties arising in the course of foreign trade and other types of international economic relations, if the commercial organization of at least one of the parties to the dispute is abroad. It is also competent to resolve disputes between organizations with foreign investments and international associations and organizations established on the territory of the Republic of Tajikistan, among themselves, disputes between their participants, as well as their disputes with other subjects of law of the Republic of Tajikistan.

The ICAT can consider disputes that are not prohibited by the legislation of the Republic of Tajikistan, and independently resolve the issue of the power to resolve disputes.

The ICAT acts in accordance with the procedure and terms established by the Arbitration Rules when considering disputes.

The procedure for considering cases in the ICAT is regulated by the Regulations approved by the Chamber of Commerce and Industry of the Republic of Tajikistan. The amounts of arbitration fees and expenses, the procedure for their payment and distribution between the parties are established by the Regulations on Arbitration Fees and Expenses, which is an annex to the Regulations of the ICAT. The amount of fees and the procedure for determining them are established by the Regulations on Fees for Matters of the ICAT at the Chamber of Commerce and Industry of the Republic of Tajikistan.

The ICAT has other powers stipulated by the Law of the Republic of Tajikistan "On International Commercial Arbitration", the Regulations of the ICAT and normative legal acts of the Republic of Tajikistan.

The International Commercial Arbitration of Tajikistan (ICAT) recommends that all parties wishing to refer to its Regulations to use the following arbitration agreement:

"All disputes arising in connection with the present agreement or in connection with its validity are subject to final settlement in the International Commercial Arbitration of Tajikistan (ICAT) in accordance with its Regulations procedure in the city of Dushanbe, with a jurisdiction exception to the state courts.
The parties are recommended to agree about the following elements of the arbitration agreement:
number of arbitrators -
language of arbitration proceeding -
applicable substantive law-.

 

Chairman of the International Commercial Arbitration of Tajikistan
Doctor of Law, Professor Bobojonzoda Isrofil Hussein

Deputy Chairman of the International Commercial Arbitration of Tajikistan
Abdulloev Faizullo

Deputy Chairman of the International Commercial Arbitration of Tajikistan
Goibnazar Amirkhuja

Contacts:
Email: bobojonov_i@mail.ru
Tel: +(992) 92 929 0055, 92 857 7711, 91 930 7711