Legal Obstacles and Risk Prevention for Chinese Direct Investment in Uzbekistan
Ключевые слова:
Uzbekistan Investment Law; Chinese Outbound Investment; Legal Obstacles; Risk Prevention; Belt and Road InitiativeАннотация
As the Belt and Road Initiative deepens, Uzbekistan has emerged as China’s most significant investment destination in Central Asia. By 2025, total Chinese investment and financing in Uzbekistan exceeded USD 15.5 billion, accounting for approximately 36% of the country’s total foreign capital inflows. However, the rapid expansion of investment scale has been accompanied by hidden legal risks that are often underestimated. This article systematically examines the recent evolution of Uzbekistan’s foreign investment legal framework, with particular emphasis on the institutional innovations introduced by the 2025 edition of the Law “On Investments and Investment Activities” and their implications for Chinese investors. It identifies four primary legal obstacles: sectoral access restrictions, land tenure complexities, labour compliance requirements, and dispute resolution uncertainties. The analysis reveals that while Uzbekistan has achieved remarkable convergence with international standards at the legislative level, persistent challenges—including legal fragmentation, policy implementation gaps, and the embedded localisation obligations inherent in the “Salini criteria”—constitute the principal sources of risk in practice. The article proposes a four-stage risk prevention strategy—rule identification, structural optimisation, compliance integration, and risk reserving—to enable Chinese investors to harness market opportunities while maintaining effective legal risk control.
Библиографические ссылки
[1] Law of the Republic of Uzbekistan “On Investments and Investment Activities” (New Edition). Senate of the Oliy Majlis, 23 January 2025.
[2] Civil Code of the Republic of Uzbekistan (as amended).
[3 ]Land Code of the Republic of Uzbekistan.
[4] Labour Code of the Republic of Uzbekistan.
[5] Investment Promotion Agency: Decree “On Additional Measures to Stimulate the Attraction of Foreign Direct Investment” (Presidential Decree No. PP-123), 23 June 2025.
[6] OECD (2025), Strengthening Uzbekistan’s Legal and Policy Framework for Sustainable Investment, Paris: OECD Publishing.
[7] World Bank Group (2025), Business Ready (B-READY) 2025 Report, Washington, D.C.
[8] Metal-Tech Ltd. v. Republic of Uzbekistan, ICSID Case No. ARB/10/3, Award (4 October 2013).
[9] Humans Mobile Ltd. v. Republic of Uzbekistan, ICSID Case No. ARB/25/24 (2025).
[10] Baker McKenzie (2025), International Arbitration Yearbook 2024-2025 – Uzbekistan.
[11] Agreement between the Government of the People’s Republic of China and the Government of the Republic of Uzbekistan on the Promotion and Protection of Investments (2011).
[12] Ministry of Commerce of the People’s Republic of China (2025), Statistics on Chinese Investment in Uzbekistan.
[13] Putilin Law (2025), Uzbekistan Adopts New Investment Law: Salini Risk Criterion and National Treatment Guarantees.
[14] Central Asian Legal Review (2025), The New Investment Law of Uzbekistan: Opportunities and Challenges.
[15] China International Economic and Trade Arbitration Commission (2025), Legal Risks and Countermeasures for Chinese Enterprises in Central Asia.