UNGA/C-6:PRAISE FOR THE WORK OF UNCITRAL'S 40TH

UNCLAS USUN NEW YORK 000915 SIPDIS SIPDIS DEPT FOR L/PIL BURMAN E.O. 12958: N/A TAGS: UNCITRAL UNGA SUBJECT: UNGA/C-6:PRAISE FOR THE WORK OF UNCITRAL'S 40TH SESSION ¶1. SUMMARY: The UN Commission on International Trade Law (UNCITRAL) presented the report of its 40th session to the Sixth Committee on October 22. Twenty-seven delegations addressed the Sixth Committee and took note of UNCITRAL's achievements in harmonizing international trade law. Concerning the report of the 40th session, the majority of delegations commented on the draft Legislative Guide on Secured Transactions, the Model Law and Guide on Procurement, the revision of arbitration rules, the working group report on transport law, the Model Law on Cross-Border Insolvency, commercial fraud, technical assistance cooperation and UNCITRAL working methods. END SUMMARY. ¶2. During the October 22 Sixth Committee debate on the 40th session of the UN Commission on International Trade Law (UNCITRAL),twenty-seven delegations took the floor to comment on the progress of the current session and to praise UNCITRAL's work toward the harmonization of international trade law (Note: Available statements pouched to L/PIL Hal Burman. End Note). Delegations that delivered statements to the Sixth Committee were: Norway (on behalf of Denmark, Sweden, Finland and Iceland),India, Singapore, Austria, Morocco, Guatemala, China, Thailand, Indonesia, Malaysia, Belarus, Sri Lanka, Pakistan, Australia, Nigeria, Japan, Mexico, the United States, the United Kingdom, Canada, France, Kenya, the Russian Federation, Italy, Venezuela, Iran and El Salvador. ¶3. As to UNCITRAL's current session, the majority of delegations highlighted the draft Legislative Guide on Secured Transactions, work on the Model Law and Guide on Procurement, the revision of arbitration rules, the working group report on transport law, the Model Law on Cross-Border Insolvency, commercial fraud, technical assistance cooperation and UNCITRAL working methods. ¶4. Several delegations were pleased with progress on the draft Legislative Guide on Secured Transactions and called for the finalization of the document during UNCITRAL's December meeting in Vienna. Japan said that a modernized secured transaction guide would promote access to credit and enhance economic growth and international trade. Some delegations also took note of UNCITRAL's plan to develop a guide on security rights for intellectual property. Canada, Australia and India stated that a focus on this matter was welcome, since rights to intellectual property represent a significant part of corporate wealth. Guatemala also encouraged more work in this direction as Guatemala was now preparing its own national draft law on secured transactions. ¶5. On procurement, the UNCITRAL Report cited efforts to improve e-procurement methods, deal with conflicts of interest and work on an electronic format for indefinite-delivery-indefinite-quantity contracts. Morocco, Nigeria and Belarus emphasized the importance of UNCITRAL's work in e-procurement and referred to the adaptation of Model Law elements in their respective national laws. Turning to arbitration and insolvency, some delegations were clear that any revision of UNCITRAL arbitration rules should respect the flexibility and simplicity of the existing text. Australia noted its concern with provisions on interim measures presented during UNCITRAL's most recent group meeting on arbitration. Many delegations emphasized that the cross-border insolvency guide should update the existing guide on insolvency, not replace it. ¶6. As to transport law, remarks were positive and stressed the economic benefits of the draft convention on international carriage of goods by sea. China called for the convention's adoption in 2008. Australia, however, expressed reservations concerning the "width of volume contract exemption" in the draft resolution. Australia was concerned with the exemption's "potentially wide scope for allowing parties to deviate from the mandatory liability regime." Australia regretted the draft resolution's departure from the principle of maintaining uniform international law. ¶7. Guatemala noted that UNCITRAL's two trust funds lacked sufficient resources, which jeopardized UNCITRAL's ability to provide technical assistance to developing countries. Singapore also noted the importance of UNCITRAL technical assistance and underscored the fact that Singapore was one of the only countries to make a fund contribution. Indonesia said UNCITRAL's assistance was needed to help developing countries implement the Commission's model laws and harmonize them with national legislation. Malaysia added that the Model Law on Electronic Commerce played a key role in developing Malaysia's national e-commerce laws. WOLFF