(1) Power of the Arbitral Tribunal to grant interim measures under the
(2) Applicable law to the merits and to a retention of title clause.
(3) Enforcement of retention of title clause under Uzbek law.
(4) Right to restitution of delivered goods under Uzbek law.
(1) The SCC Rules provide that an Arbitral Tribunal may, at the request
of a party, order a specific performance by the opposing party as
interim relief for the purpose of securing the claim that is to be tried
by the Arbitral Tribunal. Such interim relief may be granted if the
petitioner has prima facie proved his case and there is an urgent need
for the requested interim relief.
(2) In the absence of an agreement regarding applicable law, the
Arbitral Tribunal shall apply the law which it considers most
appropriate. Issues regarding the enforceability of a retention of title
clause as between the parties shall be decided in accordance with lex
contractus (CISG). If that law is silent on the issue in question, the law
to which the relevant provision has the closest connection should be
applied (seller’s country).
(3) Under the laws of Uzbekistan, an agreement regarding the retention
of title is enforceable as between the parties.
(4) Under the laws of Uzbekistan a retention of title clause entails a
right to restitution of the property in question.
Claimant: Company A (Switzerland)
Respondent: Company B (Republic of Uzbekistan)
PLACE OF ARBITRATION: