
The International Centre for Settlement of Investment Disputes (ICSID) has registered a claim against Uzbekistan by Russian entrepreneur Maxim Poletaev and Solfy RUS LLC. According to the claimants’ representatives, the claim exceeds $100 million.
The dispute is heard under the ICSID Additional Facility Arbitration Rules on the basis of the 2013 Uzbekistan–Russia agreement on the promotion and reciprocal protection of investments. Russia is not a party to the ICSID Convention, so this mechanism is used.
The claimants are also seeking urgent interim measures. They concern the criminal case against, and detention of, Uktam Khasanov, director of Solfy’s Uzbek business.
The conflict stems from an interest-free instalment card project run jointly with the National Bank of Uzbekistan. According to published rulings of the economic courts, a total of 21.32 billion soums has already been awarded against Solfy in favour of NBU.
What this means in practice. The case shows that foreign investors can take disputes with the state to international arbitration, beyond national courts, where a bilateral investment treaty allows it. Companies with foreign capital should:
- Find out in advance which treaty protects their investment
- Keep written records of arrangements with state partners
- Follow the pre-arbitration settlement procedures set out in the treaty
Photo: ajay_suresh, Wikimedia Commons (CC BY 2.0)