INTERNATIONAL JURISDICTION IN CROSS-BORDER CORPORATE DISPUTES: A COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF GERMANY AND UZBEKISTAN

Аннотация

This thesis examines the issue of international jurisdiction in cross-border corporate disputes, focusing on a comparative legal analysis of the legislation of Germany and Uzbekistan. The increasing globalization of business activities has led to more frequent international corporate disputes, requiring clear mechanisms for determining the appropriate court to resolve such conflicts. Germany and Uzbekistan represent two different legal systems and approaches to international jurisdiction, with Germany adhering to a well-established, flexible framework based on party autonomy and international conventions, while Uzbekistan faces challenges related to its national jurisdiction and the recognition of foreign judgments. This thesis explores the key principles of international jurisdiction, the legal frameworks of both countries, and the practical challenges that arise in cross-border corporate dispute resolution. The study also provides recommendations for improving the effectiveness of international jurisdiction in Uzbekistan and enhancing theresolution of cross-bordercorporate disputes in bothcountries. Keywords:International jurisdiction, cross-border corporate disputes, comparative legal analysis, Germany, Uzbekistan, international agreements, party autonomy, recognition of foreign judgments, disputeresolution. In the context of globalization, the world economy is becoming increasingly interconnected, leading to a rise in cross-border corporate disputes. Disputes between legal entities registered in different countries require a specific approach to the issue of international jurisdiction, which concerns the right to select the court to resolve the dispute. This issue becomes particularly significant in corporate disputes, where factors such as the place of registration of the companies, the place of performance of contracts, and the presence of foreign investments can influence the determination of jurisdiction. Germany and Uzbekistan represent two distinct legal contexts, making them an interesting subject for comparative analysis in the area of international jurisdiction. 1.BasicPrinciples ofInternational Jurisdictionin Cross-BorderCorporate Disputes International jurisdiction refers to the set of rules governing the selection of the court that will resolve a dispute between parties in different countries. In this context, key principles include the autonomy of the parties (the ability of the parties to agree on the jurisdiction of their choice) and universality, where the dispute can be brought before the courts of a particular country regardless of the parties' preferences. Germany and Uzbekistan, as countries with different legal traditions, each have their uniquefeatures in regulating these principles. 2.LegalRegulation ofInternational Jurisdictionin Germany Germany, as a leading country in Europe, has a well-developed legal system for regulating international jurisdiction. In the context of international corporate disputes, Germany adheres to the principle of party autonomy, which allows the parties to a contract to agree in advance on which court will resolve any disputes arising from their obligations. This principle is enshrined in 166 INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCHERS ISSN:3030-332X Impact factor: 8,293 Volume 11,issue2,May 2025 https://wordlyknowledge.uz/index.php/IJSR worldly knowledge Index: googlescholar, research gate, research bib, zenodo,open aire. https://scholar.google.com/scholar?hl=ru&as_sdt=0%2C5&q=wosjournals.com&btnG https://www.researchgate.net/profile/Worldly-Knowledge https://journalseeker.researchbib.com/view/issn/3030-332X the German Civil Procedure Code and international agreements such as EU Regulation No. 1215/2012,which sets outjurisdictional rules within theEuropean Union. Additionally, German law widely utilizes international conventions such as the Hague Convention, which governs the recognition and enforcement of foreign arbitral awards in international corporate disputes. German case law also incorporates a significant body of judicial practice in the area of corporate disputes, taking international norms into account, thus ensuring effective dispute resolutionin thecontext ofaglobalized economy. 3.LegalRegulation ofInternational Jurisdictionin Uzbekistan In contrast to Germany, Uzbekistan, while actively developing its legal system within the framework of international cooperation, faces certain challenges in the area of international jurisdiction. As of the time of this research, Uzbekistan follows the principle of national jurisdiction, which means that domestic courts are often given preference to resolve disputes with national interests. Nevertheless, Uzbekistan is a party to a number of international agreements, such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which significantly broadens the opportunities for resolving disputes through international arbitration institutions. In recent years, Uzbekistan's legal