UZBEKISTAN Law and Practice Contributed by: Sherzod Abdulkasimov, Nazokat Kamilova and Navruza Yunusova, PraeLegal Uzbekistan
matter of statute, in keeping with the consensual basis of arbitration. It can be achieved only through the parties’ agree - ment – most practically by their adoption of institu - tional rules that provide for it. 13.5 Binding of Third Parties Under Uzbek law, the question is governed by the consensual basis of arbitration and by the general civil law on the transfer of obligations. As explained in 5.6 Jurisdiction Over Third Parties , consent governs: under Article 12 of the ICA Law, only the parties to the arbitration agreement are bound, and a third party becomes bound only where, under the general civil law, it steps into the underlying rela - tionship carrying the clause – through assignment, succession or agency – and not through any arbitra - tion-specific doctrine such as “group of companies”. The award binds only the parties and their successors.
As to foreign third parties, the courts cannot draw a non-consenting third party, of any nationality, into an arbitration agreement or make an award binding on it; the question turns solely on the applicable substan - tive law and the facts, with no distinction between domestic and foreign parties.
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