Training course on practical issues of arbitration proceedings for lawyers and representatives of the International Arbitration Tribunal in Dushanbe: Isrofil Bobodzhonzoda (3rd from the left), Chairman of the International Arbitration Tribunal in the Republic of Tajikistan
Training course on practical issues of arbitration proceedings for lawyers and representatives of the International Arbitration Tribunal in Dushanbe: Isrofil Bobodzhonzoda (3rd from the left), Chairman of the International Arbitration Tribunal in the Republic of Tajikistan

Strategic Framework

Legal Policy Starting Point

In 2019, Tajikistan continued to face difficulties associated with an authoritarian style of government, a hierarchical administrative system, corruption, weak social structures, ethnic tensions and serious economic problems. Another major challenge for the country is to find a balance between secular governance and religious freedom.

At the same time, increasingly positive impulses can be observed in regional cooperation – above all as a result of the political and economic opening of the neighbouring state of Uzbekistan. They are particularly important with regard to security and border issues in the region, the fair use of water and energy resources and protection of the regional ecosystem. After all, these matters can only be resolved through cooperation between the Central Asian countries.

The judicial system has considerable shortcomings and does not enjoy any significant trust in the general public. This can be attributed to the lack of professionalism among legal staff, the absence of legal certainty and bureaucratic hurdles. Independence of institutions involved in the administration of justice, an increase in the effectiveness of judicial structures and human rights issues remain highly topical from the perspective of international legal advice. The implementation of long-term programmes to develop the rule of law and promote the private sector is stagnating. The country will only be able to develop noticeably through sustained continuation of reforms across all areas and with international support. The Council of the EU has presented an updated vision for the region in the EU‘s Central Asian Strategy, which was renewed in May 2019.

Overall Concept

IRZ‘s cooperation with Tajikistan in 2019 focused on the issue of international commercial arbitration. Collaboration with the dedicated team from the International Arbitration Tribunal and the Chamber of Commerce and Industry of the Republic of Tajikistan remained highly constructive and was conducted in a spirit of trust over the reporting year. Advice focused on training courses with practical and interactive contents. The training sessions prioritised the needs of arbitrators and lawyers. Aside from discussing theoretical principles, they aimed to provide illustrative examples from international practice. The events were devoted to the course of arbitration proceedings, the application of arbitration rules, in particular the appointment of arbitrators, the tasks of lawyers within case management and the enforcement of arbitration awards.

Focus of Activity in 2019

Civil and Commercial Law

  • Training course on practical issues of arbitration proceedings for representatives and arbitrators from the International Arbitration Tribunal in Dushanbe
  • Training course on practical issues of arbitration proceedings for lawyers and representatives of the International Arbitration Tribunal in Dushanbe
  • Meeting of the working group in Dushanbe on the revision of the law on international commercial arbitration of the Republic of Tajikistan
  • Summarised expert opinion on the new Chamber of Industry and Commerce law of the Republic of Tajikistan

Outlook

For the coming year, IRZ plans to continue its cooperation in the field of international arbitration: support will mainly take place as additional training courses with practical relevance, as they proved effective in 2019 and were warmly received by the participants. Efforts are also under way to extend the exchange of expertise to the regions for the first time next year.

IRZ has been involved in revising the law on international commercial arbitration since 2018. In 2019, an opinion on the Presidential Administration‘s comments was prepared and submitted in cooperation with the competent working group. Parliament is expected to deal with this legislation project in 2020.

IRZ also provided the Tajik Chamber of Industry and Commerce with an expert opinion on the draft of the new law on the Chamber of Industry and Commerce in 2019. The assessment compares the draft legislation with the German Chamber of Industry and Commerce Act and related regulations.