CONTRACTUAL DISPUTES IN THE AUTOMOBILE LOGISTICS SECTOR IN UZBEKISTAN AND THE ROLE OF MEDIATION: A COMPARATIVE ANALYSIS

Аннотация

This article analyzes contractual disputes arising in the automobile logistics sector in Uzbekistan and examines the growing role of mediation in resolving such conflicts. Based on the Law on Mediation (2018), recent amendments to the Civil Code, and judicial practice, the legal and institutional foundations of mediation are assessed. The article also draws comparative insights from the United States and the European Union to offer practical recommendations for the development of this field in Uzbekistan. Keywords: Automobile logistics, alternative dispute resolution, mediation, mediator, mediated settlements, integration into international logistics chains. Introduction: The automobile logistics sector currently plays a critical role in Uzbekistan's economy. The country's strategic position between Europe and Asia requires effective organization of transportation flows. Contracts in this sector often give rise to disputes concerning delivery deadlines, cargo condition, and payment terms. Traditionally, such disputes are resolved through litigation. However, in recent years, alternative dispute resolution (ADR) mechanisms, particularly mediation, have received increasing attention. This article provides a comparative and legal analysis based on both domestic legislation and international best practices. In Uzbekistan, the Civil Code governs contractual obligations, while the Law on Automobile Transport outlines the responsibilities of carriers and cargo senders. The most common types of contractual disputes in the automobile logistics sector include: Delay in delivery of cargo; Damage to goods; Delayed or non-payment; Breach of responsibility in contracts involving third-party logistics providers. 75 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference Key legislative developments include the Law on Mediation (adopted in 2018) and amendments to the Civil Procedure Code in 2021, which provided a stronger legal foundation for mediation. The 2018 law on Mediation defines mediation as a voluntary, impartial, and confidential process. It stipulates that only individuals who have completed special training and are registered in the national mediator registry may serve as professional mediators. While the Tashkent Mediation Center operates in Uzbekistan, there is a lack of mediators with specialization in logistics disputes. In practice, challenges remain, including: Shortage of qualified mediators; Issues with enforcement of mediated agreements; Limited awareness among logistics firms. Furthermore, the Resolution of the President of the Republic of Uzbekistan “On measures for the further development of the transport and logistics system of the Republic of Uzbekistan” in 01.27.2025 under #PQ-28 has been established. The Concept and Roadmap for the Development of the Transport and Logistics System of the Republic of Uzbekistan until 2030 has been developed according to Appendix No. 1. and Appendix No. 2. Comparative Insights: U.S. and European Union. In the United States, logistics contracts are governed by Article 2 of the Uniform Commercial Code (UCC) and the rules of the Federal Motor Carrier Safety Administration (FMCSA). Courts frequently may refer disputing parties to mediation as a prerequisite before trial. In the European Union, Directive 2008/52/EC promotes mediation in cross- border civil and commercial disputes. Organizations such as the European Mediation Network Initiative (EMNI) support the development of logistics- focused mediation. Based on this comparative study, the following reforms are recommended in Uzbekistan: Granting enforceable status to mediated agreements; Training logistics-specialized mediators; Introducing sector-specific alternative dispute resolution programs in legal education; Establishing transport-focused alternative dispute resolution panels; Creating public-private partnerships to open mediation centers in regional areas. 76 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference