Sixth Committee (Legal) — 70th session
Report of the United Nations Commission on International Trade Law on the work of its forty-eighth session (Agenda item 81)
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- — Report of the United Nations Commission on International Trade Law on the work of its forty-eighth session
Summary of work
Background (source: )
The General Assembly established the United Nations Commission on International Trade Law (UNCITRAL) at its twenty-first session, in 1966, to promote the progressive harmonization and unification of the law of international trade, and requested the Commission to submit an annual report to the Assembly (resolution ). The Commission began its work in 1968. It originally consisted of 29 Member States representing the various geographic regions and the principal legal systems of the world. At its twenty-eighth and fifty-seventh sessions, respectively, the General Assembly increased the membership of the Commission from 29 to 36 States (resolution ) and from 36 to 60 States (resolution ).
For the current composition of the Commission, see decisions 64/405, 67/406 and 70/405 (see also the website of the .
At its sixty-ninth session, the General Assembly endorsed the efforts and initiatives of the Commission, as the core legal body within the United Nations system in the field of international trade law. It noted with appreciation that the secretariat of the Commission had taken steps to establish and operate the repository of published information under the Rules on Transparency in Treaty-based Investor-State Arbitration, as a pilot project, and requested the Secretary-General to keep the Assembly informed of developments regarding the funding and budgetary situation of the repository. The Assembly took note with interest of the decisions taken by the Commission as regards its future work and the progress made by the Commission in its work in several areas (resolution ).
At the same session, the General Assembly adopted the United Nations Convention on Transparency in Treaty-Based Investor-State Arbitration (resolution , annex). As authorized by the Assembly, a ceremony for the opening for signature of the Convention was held in Port Louis on 17 March 2015.
Consideration at the seventieth session
The Sixth Committee considered the item at its 10th, 23rd and 26th meetings, on 19 October and on 9 and 11 November 2015 (, and ). For its consideration of the item, the Committee had before it the report of the United Nations Commission on International Trade Law on the work of its forty-eighth session ().
At the 10th meeting, on 19 October, the Chair of the United Nations Commission on International Trade Law (UNCITRAL) at its forty-eighth session introduced [in English] the report of the Commission on the work of its forty-eighth session (A/70/17).
Statements were made by the representatives of Ecuador (on behalf of the Community of Latin American and Caribbean States), Colombia, Belarus, the Republic of Korea, Austria, Australia, India, Israel, Singapore, Japan, the United Kingdom of Great Britain and Northern Ireland, Thailand, the Philippines, Italy, China, the United States of America, the Russian Federation, Malaysia and the Bolivarian Republic of Venezuela.
In their general comments, delegations expressed support for the work of UNCITRAL and commended it for the progress made during its forty-eighth session and stressed the Commission’s key role in the development and harmonization of international trade law.
Some delegations emphasized the continued relevance of the United Nations Convention on contracts for the international sale of goods and noted that 2015 marked its 35th anniversary. The Secretariat was commended for the various commemorative events undertaken to generate awareness of and increase participation in the convention.
The importance of transparency in treaty-based investor-State arbitration was reiterated by some delegations, and the decision to establish an on-line repository of arbitral awards, as envisaged in article 8 of the Rules on Transparency in Treaty-based Investor-State Arbitration and Arbitration Rules (as revised in 2010, with new article 1, paragraph 4, as adopted in 2013) was welcomed. In this context, support was also expressed for the recommendation that the UNCITRAL secretariat be requested to establish and operate the repository until the end of 2016 as a pilot project based on voluntary contributions.
Delegations noted the progress made in the various working groups. The important work done by Working Group I on Micro-, Small and Medium-sized Enterprises (MSMEs) was noted by some delegations and the need to reduce legal difficulties faced by such enterprises throughout their life-cycle was pointed out.
Concerning Working Group II (Arbitration and conciliation), several delegations supported the decision to undertake work on the enforceability of settlement agreements resulting from conciliation. Referring to the complexity of this topic, it was stressed that domestic legislations in this area should be duly taken into account. Some delegations welcomed the decision to explore the topic on concurrent proceedings in investment arbitration, with some also highlighting the decision to undertake work on a code of ethics/conduct for arbitrators. While some delegations welcomed the revisions of UNICTRAL Notes on organising arbitral proceedings, it was also emphasized that such notes should be descriptive and non-directive in reflecting a variety or practices. The view was also expressed that vigorous reform of the international arbitration system in the field of investment was required in light of transparency problems in the current system.?
Some delegations welcomed the decision to continue work on the topic online dispute resolutions in Working Group III (Online dispute resolution).
In the area of electronic commerce, some delegations underlined the relevance of the work carried out by Working Group IV (Electronic commerce). Support was expressed for the continued work on a draft model law on electronic transferable records and for work to begin on the identity management proposal.?
With regard to Working Group V (Insolvency law), some delegations welcomed the progress achieved in the field of cross-border insolvency law, which they considered an area of great importance.
Concerning the Commission’s current work on elaborating a model law on secured transactions, several delegations welcomed the progress made so far by Working Group VI (Security interests), as well as the decision to prepare an accompanying guide for its enactment.
Several delegations stressed the important role of the Commission in strengthening the rule of law in the field of international trade law, with some also emphasising the relevance of the Commission’s work with regard to the implementation of the goals established by the 2030 Agenda for Sustainable Development, and in particular goal 17.
The importance of the provision of technical assistance to States was reiterated by some delegations and the Commission’s work in this area received support. While some delegations welcomed in this regard the guidance note on strengthening United Nations support to States to implement commercial law reforms, a doubt was also voiced concerning the utility of such a note and caution was expressed for departing from UNCITRAL working methods. The efforts of the UNCITRAL Regional Centre for Asia and the Pacific in providing technical assistance and awareness of the Commission’s work were commended by several delegations.
Concerning the Commission’s methods of work, it was stressed that UNCITRAL’s resources had to be optimized further and that the lifespan of a working group should not be extended indefinitely, since this was done at the expense of other areas requiring harmonisation. Some delegations noted the need for increased participation in the Commission’s work and urged all States to contribute to the efforts of the working groups. The efforts of the Commission to actively engage with other actors in its work, in particular regional and international organizations aiming to harmonise private international law, was welcomed by some delegations. Several delegations reiterated that the challenges to codify international trade law were increasing with new technological developments and diversification of business activities and encouraged the Commission to follow these dynamics as close as possible.
Several delegations supported the existing rotation between New York and Vienna for meetings of the Commission and its Working Groups, which facilitated participation by developing countries and allowed for a wider participation, and thus enriched the Commission’s debates.
Action taken by the Sixth Committee
At the 23rd meeting, on 9 November, the representative of Austria, on behalf of Argentina, Armenia, Austria, Belarus, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxembourg, the Netherlands, New Zealand, Nigeria, the Philippines, the Republic of Korea, Serbia, Singapore, Sweden, Trinidad and Tobago, Turkey, the United Kingdom of Great Britain and Northern Ireland and the United States of America, subsequently joined by Australia, El Salvador, Israel, Madagascar, Romania, the Russian Federation, Slovenia, Switzerland and Thailand, introduced a draft resolution entitled “Report of the United Nations Commission on International Trade Law on the work of its forty-eighth session” ().
At the 26th meeting, on 11 November, Chile, Georgia and Portugal joined in sponsoring the draft resolution. At the same meeting, the Committee adopted draft resolution A/C.6/70/L.9 without a vote.
Under the terms of the draft resolution, the General Assembly would, inter alia, request the Secretary-General to establish and operate through the secretariat of the Commission the repository of published information under the Rules on Transparency in Treaty-based Investor-State Arbitration, in accordance with article 8 of the Rules, initially as a pilot project until the end of 2016, to be funded entirely by voluntary contributions. It would further take note with interest of the decisions taken by the Commission as regards its future work and the progress made by the Commission in its work in several areas.
Subsequent action taken by the General Assembly
- Report of the Sixth Committee: ?
- GA resolution:
This agenda item will be considered at the seventy-first session (2016).
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