Trade Rules:       United Nations Commission on International Trade Law                                     Global Busines...
Cover Photo Details              Chair Attended UNCITRAL Colloquium, Vienna, Austria                                      ...
PrefaceWhen world trade began to expand dramatically in the 1960s, national governments began to realize theneed for a glo...
ContentsSr.                                                            Page                               DescriptionNo.  ...
Sarjeevan Sainbhi                                                                                     Dt. 23-08-2011Trade ...
Sarjeevan Sainbhi                                                                                    Dt. 23-08-20112.2    ...
Sarjeevan Sainbhi                                                                                      Dt. 23-08-20113.2.1...
Sarjeevan Sainbhi                                                                                      Dt. 23-08-20113.2.2...
Sarjeevan Sainbhi                                                                                      Dt. 23-08-2011     ...
Sarjeevan Sainbhi                                                                                        Dt. 23-08-2011   ...
Sarjeevan Sainbhi                                                                                           Dt. 23-08-2011...
Sarjeevan Sainbhi                                                                                        Dt. 23-08-2011   ...
Sarjeevan Sainbhi                                                                                      Dt. 23-08-2011     ...
Sarjeevan Sainbhi                                                                                      Dt. 23-08-2011     ...
Sarjeevan Sainbhi                                                                                      Dt. 23-08-2011     ...
Sarjeevan Sainbhi                                        Dt. 23-08-2011                                 Annexure I        ...
Sarjeevan Sainbhi                                                                              Dt. 23-08-2011             ...
Sarjeevan Sainbhi                                                                Dt. 23-08-2011         Kenya*            ...
Sarjeevan Sainbhi                                                                                 Dt. 23-08-2011          ...
Sarjeevan Sainbhi                                                                              Dt. 23-08-2011             ...
Sarjeevan Sainbhi                                                                  Dt. 23-08-2011                         ...
Sarjeevan Sainbhi                                                                                      Dt. 23-08-2011     ...
Sarjeevan Sainbhi                                                                                  Dt. 23-08-2011         ...
Sarjeevan Sainbhi                                                                                   Dt. 23-08-2011        ...
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Overview of UNCITRAL

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  1. 1. Trade Rules: United Nations Commission on International Trade Law Global Business Management SARJEEVAN SAINBHI 20104006“It is widely accepted that tradecreates wealth and is essential to School of Petroleum Managementthe economic health of the world.But who works out the rules for Pandit Deendayal Petroleum Universityinternational trade and decides Gandhinagarhow payments should be madeand disputes are to be settled?” Aug. 2011
  2. 2. Cover Photo Details Chair Attended UNCITRAL Colloquium, Vienna, Austria Mar 29, 2010 First UNCITRAL Regional Workshop in Asia (23 to 24 November 2010) February 7-13, 2011 UNCITRAL’s 54th session of its Working group on arbitration 15th August 2010, Kuala Lumpur Regional Centre for Arbitration(KLRCA) became the first arbitration centre in the world to adopt the UNCITRAL Arbitration Rules as revised in 2010.
  3. 3. PrefaceWhen world trade began to expand dramatically in the 1960s, national governments began to realize theneed for a global set of standards and rules to harmonize and modernize the assortment of national andregional regulations, which until then largely governed international trade. They turned to the United Nations,which in 1966 recognized the need for it to play a more active role in removing legal obstacles to the flow ofinternational trade and established the United Nations Commission on International Trade Law (UNCITRAL).UNCITRAL has since become the core legal body of the United Nations system in the field of internationaltrade law. Much of the complex network of international legal rules and agreements that affects todayscommercial arrangements has been reached through long and detailed consultations and negotiationsorganized by UNCITRAL. Its aim is to remove or reduce legal obstacles to the flow of international trade andprogressively modernize and harmonize trade laws. It also seeks to coordinate the work of organizationsactive in this type of work and promote wider acceptance and use of the rules and legal texts it develops.
  4. 4. ContentsSr. Page DescriptionNo. No.1. Introduction 12. Origin, Mandate and Composition of UNCITRAL 13. Methods of Work 24. Model Law 85. Technical Assistance and Coordination 96. India’s participation in UNCITRAL activities 117. Ending Note 118. References 11 Annexure-I : UNCITRAL position in UN system 12 Annexure-II : UNCITRAL member States 13 Annexure-III : Chairpersons of UNCITRAL 15 Annexure-IV : UNCITRAL working groups and chairpersons 16 Annexure-V : Secretaries of UNCITRAL 17 Annexure-VI : 44th Session Documents 18 Annexure-VII : Future Meetings 20
  5. 5. Sarjeevan Sainbhi Dt. 23-08-2011Trade Rules:United Nations Commission on International Trade Law1.0 Introduction United Nations Commission on International Trade Law (UNCITRAL) was created by the UN General Assembly in 1966 with the mandate of reducing obstacles to international trade. For position of UNCITRAL in UN system refer Annexure I. The General Assembly understood that existing national trade laws were disparate and recognized that there needed to be an international commission whose purpose is to work toward a more unified concept of international trade law. One of UNCITRALs missions is the creation of model laws in areas of international trade, as a means of fostering uniformity in trade laws, with the intent that the participating nations will adopt the laws. The Model Law on International Commercial Arbitration is one example of the work of UNCITRAL. UNCITRAL is a legal body with universal membership specializing in commercial law reform worldwide for over 40 years. UNCITRALs business is the modernization and harmonization of rules on international business. Trade means faster growth, higher living standards, and new opportunities through commerce. In order to increase these opportunities worldwide, UNCITRAL is formulating modern, fair, and harmonized rules on commercial transactions. These include:  Conventions, model laws and rules which are acceptable worldwide.  Legal and legislative guides and recommendations of great practical value.  Updated information on case law and enactments of uniform commercial law.  Technical assistance in law reform projects.  Regional and national seminars on uniform commercial law.2.0 Origin, Mandate and Composition of UNCITRAL2.1 Origin UNCITRAL was established by the General Assembly in 1966 [Resolution 2205(XXI) of 17 December 1966]. In establishing the Commission, the General Assembly recognized that disparities in national laws governing international trade created obstacles to the flow of trade, and it regarded the Commission as the vehicle by which the United Nations could play a more active role in reducing or removing these obstacles.Trade Rules: UNCITRAL Page 1 of 20
  6. 6. Sarjeevan Sainbhi Dt. 23-08-20112.2 Mandate The General Assembly gave the Commission the general mandate to further the progressive harmonization and unification of the law of international trade. The Commission has since come to be the core legal body of the United Nations system in the field of international trade law.2.3 Composition The Commission is composed of sixty member States elected by the General Assembly (for details refer Annexure II). Membership is structured so as to be representative of the worlds various geographic regions and its principal economic and legal systems. Members of the Commission are elected for terms of six years (Refer Annexure III, IV & V).3.0 Methods of Work3.1 The Commission The Commission carries out its work at annual sessions, which are held in alternate years at United Nations Headquarters in New York and at the Vienna International Centre at Vienna. Each working group of the Commission typically holds one or two sessions a year, depending on the subject-matter to be covered; these sessions also alternate between New York and Vienna. For details regarding year 2011 session refer Annexure VI & for Future Meeting to be held in year 2011/2012 refer Annexure VII. In addition to member States, all States that are not members of the Commission, as well as interested international organizations, are invited to attend sessions of the Commission and of its working groups as observers. Observers are permitted to participate in discussions at sessions of the Commission and its working groups to the same extent as members.3.2 Working Groups The Commission has established six working groups to perform the substantive preparatory work on topics within the Commissions programme of work. Each of the working groups is composed of all member States of the Commission. The six working groups and their current topics are as follows:  Working Group I - Procurement  Working Group II - Arbitration and Conciliation  Working Group III - Online Dispute Resolution  Working Group IV - Electronic Commerce  Working Group V - Insolvency Law  Working Group VI - Security InterestsTrade Rules: UNCITRAL Page 2 of 20
  7. 7. Sarjeevan Sainbhi Dt. 23-08-20113.2.1 Working group I – Procurement Purpose The Model Law on Public Procurement contains procedures and principles aimed at achieving value for money and avoiding abuses in the procurement process. The text promotes objectivity, fairness, participation and competition and integrity towards these goals. Transparency is also a key principle, allowing visible compliance with the procedures and principles to be confirmed. Why is it relevant? The nature of procurement is that it involves discretionary decision-taking on behalf of government at all levels; procurement spending may represent 10-20 % of GDP and up to 50% or even more of total government spending. The nature of procurement necessarily involves a risk of abuse and the size of the market shows that potential losses could be significant, but also procurement involves important projects (health, education, infrastructure), which will have a major impact on economic performance and development. Accordingly, achieving value for money in procurement is critical. Responding to these key factors, the Model Law allows the enacting State to develop a procurement system that will both achieve value for money and avoid abuse. Key provisions The Model Law allows government purchasers to take advantage of modern commercial techniques, such as e-procurement and framework agreements, to allow it to maximize value for money in procurement. The Law contains procedures to allow for standard procurement, urgent or emergency procurement, simple and low-value procurement, and large and complex projects (in which, and where appropriate, the government can interact with potential suppliers and contractors to obtain the best solution to its needs). All procedures are subject to rigorous transparency mechanisms and requirements to promote competition and objectivity. All decisions and actions taken in the procurement process can be challenged by potential suppliers. While the government purchaser therefore has discretion in deciding what to purchase and how to conduct the procurement, that discretion is subject to safeguards that are consistent with other international standards - notably, those imposed by the United Nations Convention Against Corruption. The Model Law has also been prepared with a view to supporting the harmonization of international standards in public procurement, and takes account of the provisions of the WTO Agreement on Government Procurement, the European Union Directives (on procurement and remedies), the UN Convention Against Corruption, the Procurement Guidelines and Consultant Guidelines of the World Bank and the equivalent documents of other IFIs.Trade Rules: UNCITRAL Page 3 of 20
  8. 8. Sarjeevan Sainbhi Dt. 23-08-20113.2.2 Working Group II - Arbitration and Conciliation Arbitration Rules Adopted by UNCITRAL on 28 April 1976, the UNCITRAL Arbitration Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of arbitral proceedings arising out of their commercial relationship and are widely used in ad hoc arbitrations as well as administered arbitrations. The Rules cover all aspects of the arbitral process, providing a model arbitration clause, setting out procedural rules regarding the appointment of arbitrators and the conduct of arbitral proceedings and establishing rules in relation to the form, effect and interpretation of the award. Conciliation Rules Adopted by UNCITRAL on 23 July 1980, the UNCITRAL Conciliation Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of conciliation proceedings arising out of their commercial relationship. The Rules cover all aspects of the conciliation process, providing a model conciliation clause, defining when conciliation is deemed to have commenced and terminated and addressing procedural aspects relating to the appointment and role of conciliators and the general conduct of proceedings. The Rules also address issues such as confidentiality, admissibility of evidence in other proceedings and limits to the right of parties to undertake judicial or arbitral proceedings whilst the conciliation is in progress.3.2.3 Working Group III - Online Dispute Resolution Electronic Consumer Dispute Resolution (ECODIR): Online Dispute Resolution Process ECODIR is concerned with transactions between Businesses and Consumers taking place over the Internet. Through ECODIRs Online Dispute Resolution process, a conflict born on the Internet can be resolved using the Internet. The system is designed to resolve disputes in an easy, swift and inexpensive manner. The process is confidential and voluntary. ECODIR involves a 3-step process of negotiation, mediation, and recommendation:Trade Rules: UNCITRAL Page 4 of 20
  9. 9. Sarjeevan Sainbhi Dt. 23-08-2011 The 3-step process is designed to maximize the chances of parties reaching a quick and mutually beneficial settlement. The negotiation phase is initiated when ECODIR sends an invitation to the respondent to enter negotiations, based on information provided by the consumer. Should the respondent agree to cooperate, the parties then have a fixed time limit within which to negotiate a solution to their dispute via the ECODIR platform. Should negotiations between the parties fail, they may then ask ECODIR to commence the mediation phase; indeed, if no settlement is reached within an 18 days in the negotiation phase, ECODIR will contact the parties and invite them to enter the mediation phase. For this an independent mediator will be appointed by ECODIR to help the parties interact and to identify the key elements of their disagreement in order to assist them in reaching an agreed solution. If a solution is not found through mediation within 15 days, the mediator may then issue a recommendation based on the principles of honesty and justice, taking into consideration the rights and obligations of the parties in relation to the circumstances of their dispute. A significant element in the ECODIR process is that it is entirely consensual; either party is free to walk away from the process at any stage, and the mediators recommendation will not be binding on any party unless they have specifically agreed to be bound by it in a separate agreement.3.2.4 Working Group IV - Electronic Commerce Purpose The Model Law on Electronic Commerce (MLEC) purports to enable and facilitate commerce conducted using electronic means by providing national legislators with a set of internationally acceptable rules aimed at removing legal obstacles and increasing legal predictability for electronic commerce. In particular, it is intended to overcome obstacles arising from statutory provisions that may not be variedTrade Rules: UNCITRAL Page 5 of 20
  10. 10. Sarjeevan Sainbhi Dt. 23-08-2011 contractually by providing equal treatment to paper-based and electronic information. Such equal treatment is essential for enabling the use of paperless communication, thus fostering efficiency in international trade. Why is it relevant? The MLEC was the first legislative text to adopt the fundamental principles of non-discrimination, technological neutrality and functional equivalence that are widely regarded as the founding elements of modern electronic commerce law. The principle of non-discrimination ensures that a document would not be denied legal effect, validity or enforceability solely on the grounds that it is in electronic form. The principle of technological neutrality mandates the adoption of provisions that are neutral with respect to technology used. In light of the rapid technological advances, neutral rules aim at accommodating any future development without further legislative work. The functional equivalence principle lays out criteria under which electronic communications may be considered equivalent to paper-based communications. In particular, it sets out the specific requirements that electronic communications need to meet in order to fulfill the same purposes and functions that certain notions in the traditional paper-based system - for example, "writing," "original," "signed," and "record"- seek to achieve. Key provisions Besides formulating the legal notions of non-discrimination, technological neutrality and functional equivalence, the MLEC establishes rules for the formation and validity of contracts concluded by electronic means, for the attribution of data messages, for the acknowledgement of receipt and for determining the time and place of dispatch and receipt of data messages.3.2.5 Working Group V - Insolvency Law UNCITRAL Legislative Guide on Insolvency Law Adopted by UNCITRAL on 25 June 2004, the purpose of the Legislative Guide is to assist the establishment of an efficient and effective legal framework to address the financial difficulty of debtors. It is intended to be used as a reference by national authorities and legislative bodies when preparing new laws and regulations or reviewing the adequacy of existing laws and regulations. The advice provided in the Legislative Guide aims at achieving a balance between the need to address the debtors financial difficulty as quickly and efficiently as possible and the interests of the various parties directly concerned with that financial difficulty, principally creditors and other parties with a stake in the debtors business, as well as public policy concerns. The Legislative Guide addresses the issues central toTrade Rules: UNCITRAL Page 6 of 20
  11. 11. Sarjeevan Sainbhi Dt. 23-08-2011 an effective and efficient insolvency law and assists the reader to evaluate different approaches available and to choose the one most suitable in the national or local context. UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation Adopted by UNCITRAL on 1 July 2009, the UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings, which have been entered into over the last decade or so. The Practice Guide is not intended to be prescriptive, but rather to illustrate how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, in particular the use of such agreements, tailored to meet the specific needs of each case and the particular requirements of applicable law. The Practice Guide includes a number of sample clauses to illustrate how different issues have been, or might be, addressed - they are not intended to serve as model provisions for direct incorporation into a cross- border agreement. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.3.2.6 Working Group VI - Security Interests United Nations Convention on the Assignment of Receivables in International Trade Adopted by the General Assembly on 12 December 2001, the main objective of the Convention is to promote the movement of goods and services across national borders by facilitating increased access to lower-cost credit. In order to achieve this objective, the Convention, inter alia: i. Removes legal obstacles to certain international financing practices, such as asset-based lending, factoring, forfeiting, securitization, refinancing and project financing (e.g. by validating assignments of future receivables and bulk assignments, and by partially invalidating contractual limitations to the assignment of receivables); ii. Unifies assignment law with respect to a number of issues, such as effectiveness of an assignment as between the assignor and the assignee and as against the debtor; iii. Enhances certainty and predictability with respect to the law applicable to key issues, such as priority between competing claims; andTrade Rules: UNCITRAL Page 7 of 20
  12. 12. Sarjeevan Sainbhi Dt. 23-08-2011 iv. Facilitates the harmonization of domestic assignment laws by providing a substantive law regime governing priority between competing claims that States may adopt on an optional basis. UNCITRAL conventions:  the Convention on the Limitation Period in the International Sale of Goods (1974)  the United Nations Convention on the Carriage of Goods by Sea (1978)  the United Nations Convention on Contracts for the International Sale of Goods (1980)  the United Nations Convention on International Bills of Exchange and International Promissory Notes (1988)  the United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (1991)  the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit (1995)  the United Nations Convention on the Assignment of Receivables in International Trade (2001)  the United Nations Convention on the Use of Electronic Communications in International Contracts (2005)  the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (2008)4.0 Model Law A model law is a legislative text that is recommended to States for enactment as part of their national law. Model laws are generally finalized and adapted by UNCITRAL, at its annual session, while conventions require the convening of a diplomatic conference. Few of the Model Law including those discussed above in Para. 3.2 are:  UNCITRAL Model Law on International Commercial Arbitration (1985)  Model Law on International Credit Transfers (1992)  UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994)  UNCITRAL Model Law on Electronic Commerce (1996)  Model Law on Cross-border Insolvency (1997)  UNCITRAL Model Law on Electronic Signatures (2001)  UNCITRAL Model Law on International Commercial Conciliation (2002)  Model Legislative Provisions on Privately Financed Infrastructure Projects (2003)Trade Rules: UNCITRAL Page 8 of 20
  13. 13. Sarjeevan Sainbhi Dt. 23-08-2011 UNCITRAL also drafted the:  UNCITRAL Arbitration Rules (1976) - revised rules will be effective August 15, 2010; pre- released, July 12, 2010  UNCITRAL Conciliation Rules (1980)  UNCITRAL Arbitration Rules (1982)  UNCITRAL Notes on Organizing Arbitral Proceedings (1996)5.0 Technical Assistance and Coordination In an increasingly economically interdependent world, the importance of an improved legal framework for the facilitation of international trade and investment is widely acknowledged. UNCITRAL plays an important role in developing that framework because of its mandate to prepare and promote the use and adoption of legislative and non-legislative instruments in a number of key areas. These instruments are negotiated through an international process involving a variety of participants. UNCITRAL membership is structured so as to be representative of different legal traditions and levels of economic development. As a result of this process, the UNCITRAL texts are widely accepted as offering solutions appropriate to many different countries at different stages of economic development.5.1 Technical Assistance to Law Reform UNCITRAL undertakes a range of technical assistance activities to promote its work and the use and adoption of the legislative and non-legislative texts it has developed to further the progressive harmonization and unification of private law. Technical activities undertaken by UNCITRAL include the following examples:  organizing briefing missions and seminars and participating in conferences to familiarize participants with UNCITRAL texts and their use;  undertaking law reform assessments to assist governments, legislative organs and other authorities in developing and other countries to review existing legislation and assess their needs for law reform in the commercial field;  assisting with the drafting of national legislation to implement UNCITRAL texts;  assisting international development agencies, such as the World Bank, to use UNCITRAL texts in their law reform activities and projects;Trade Rules: UNCITRAL Page 9 of 20
  14. 14. Sarjeevan Sainbhi Dt. 23-08-2011  providing advice and assistance to international and other organizations, such as professional associations, organizations of attorneys, chambers of commerce and arbitration centres, on the use of UNCITRAL texts; and  Organizing group training activities to facilitate the implementation and interpretation of modern commercial legislation based on UNCITRAL texts by judiciaries and legal practitioners. UNCITRAL also prepares teaching and other technical materials, such as the Case Law on UNCITRAL Texts system, and analytical digests of case law on specific texts, which may be useful in seminars and briefing missions and in the context of university teaching.5.2 Coordination of Work on International Trade Law An important part of the mandate of UNCITRAL is to coordinate the work of organizations active in the field of international trade law, both within and outside the United Nations system, to encourage cooperation between them, avoid duplication of effort and promote efficiency, consistency and coherence in the modernization and harmonization of international trade law. In recent years, there has been a growing number of rule-making bodies developing texts in areas of law that affect international trade, making UNCITRALs coordination function increasingly important. Which organizations does UNCITRAL work with? To implement its mandate, UNCITRAL maintains close links with international and regional organizations, both inter-governmental and non-governmental, that are active participants in the work programme of UNCITRAL and in the field of international trade law to facilitate the exchange of ideas and information. It is represented, through its secretariat, at meetings of those organizations and actively follows and participates in their work where it relates to topics on UNCITRALs work programme. These organizations include:  the United Nations Conference on Trade and Development (UNCTAD);  the Hague Conference on Private International Law;  the Organization of American States (OAS);  the Organization for Economic Cooperation and Development (OECD);  the International Institute for the Unification of Private Law (UNIDROIT);  the World Intellectual Property Organization (WIPO);  the World Bank;  the World Trade Organization (WTO);  the Comité Maritime International (CMI);  the Commercial Finance Association (CFA);Trade Rules: UNCITRAL Page 10 of 20
  15. 15. Sarjeevan Sainbhi Dt. 23-08-2011  the International Bar Association (IBA);  the International Chamber of Commerce (ICC); and  INSOL International (the International Association of Restructuring, Insolvency and Bankruptcy Professionals).6.0 India’s participation in UNCITRAL activities Being member of UNCITRAL, India played a role in the following areas:  UNCITRAL Model Law on International Commercial Arbitration  New international arbitration rules, 2010  Case Law on UNCITRAL Convention on Contracts for The International Sale of Goods  Online Dispute Resolution (ODR)  Various Regional Workshops by UNCITRAL7.0 Ending Note An important document in regards to international trade laws came after World War II. One of the ways that people are able to navigate the idea of World Peace across the entire landscape of the world has to do international law bodies like UNCITRAL. This is not simply a bill of rights or a short list of rules but rather real laws that relate to how one government of an independent nation interacts with another independent nation and its government. Companies doing business across international borders face many of the risks (political, regulatory, natural calamity, credit etc.) as would normally be evident in strictly domestic transactions. International Law minimizes or binds this risk.8.0 References 1. Michael R.Czinkota; Ilkka A. Ronkainen; Michael H. Moffett. International Business. New Delhi : Cengage Learning India pvt. Ltd, 2005. 2. The UNCITRAL Guide : Basic facts about the United Nations Commission on International Trade Law, 2007 3. UNCITRAL YEARBOOK Volume XXXVII: 2006 4. www.uncitral.org/ 5. www.un.org 6. www.wikipedia.comTrade Rules: UNCITRAL Page 11 of 20
  16. 16. Sarjeevan Sainbhi Dt. 23-08-2011 Annexure I UNCITRAL position in UN systemTrade Rules: UNCITRAL Page 12 of 20
  17. 17. Sarjeevan Sainbhi Dt. 23-08-2011 Annexure II UNCITRAL member States *Denotes membership of UNCITRAL in 2006. Algeria* 1983-1989; 1995-2001; 2004-2010 Argentina* 1968-1980; 1986-2004; 2004-2007 Australia* 1968-1989; 1995-2001; 2004-2010 Austria* 1971-1989; 1992-1997; 1998-2010 Barbados 1974-1980 Belarus* 2004-2010 Belgium* 1968-1980; 2004-2007 Benin* 2001-2007 Botswana 1995-2001 Brazil 1968-1989; 1995-2007 Bulgaria 1974-1980; 1989-2001 Burkina Faso 1977-1983 Cameroon* 1989-2007 Canada* 1989-1995; 2001-2007 Central African Republic 1983-1989 Chile* 1968-1983; 1986-1998; 2004-2007 China* 1983-2007 Colombia* 1968-1971; 1977-1983; 1998-2010 Congo 1968-1974 Costa Rica 1989-2001 Cuba 1980-1992 Cyprus 1974-1992 Croatia* 2004-2007 Czech Republic* 1968-1971; 1974-2010 Denmark 1989-2001 Ecuador* 1992-1998; 2004-2010 Egypt 1974-2001 Fiji* 1998-2010 Finland 1977-1983; 1995-2001 France* 1968-2007 Gabon* 1974-1980; 2004-2010 German Democratic Republic 1977-1989b Germany (Federal Republic of)* 1974-1986; 1989-2007 Ghana 1968-1983 Greece 1974-1980 Guatemala* 1980-1986; 2004-2010 Guyana 1971-1977 Honduras 1998-2004 Hungary 1968-2004 India* 1968-2010 Indonesia 1977-1983 Iran (Islamic Republic of)* 1968-1974; 1986-2010 Iraq 1980-1992 Israel* 2004-2010 Italy* 1968-1971; 1980-2010 Japan* 1968-2007 Jordan* 2004-2007Trade Rules: UNCITRAL Page 13 of 20
  18. 18. Sarjeevan Sainbhi Dt. 23-08-2011 Kenya* 1968-2010 Lebanon* 2004-2010 Lesotho 1986-1992 Libyan Arab Jamahiriya 1986-1992 Lithuania* 1998-2007 Madagascar* 2004-2010 Mexico* 1968-1980; 1983-2007 Mongolia* 2004-2010 Morocco* 1989-2007 Netherlands 1986-1992 Nepal 1974-1977 Nigeria* 1968-2010 Norway 1968-1977 Pakistan* 2004-2010 Paraguay* 1998-2010 Peru 1980-1986 Philippines 1974-1986 Poland* 1971-1977; 1992-1998; 2004-2010 Qatar* 2004-2007c Republic of Korea* 2004-2007c Romania 1968-1974; 1998-2004 Russian Federation* 1968-2007 Rwanda* 2004-2007 Saudi Arabia 1992-1998 Serbia and Montenegro* 2004-2010 Senegal 1980-1986 Sierra Leone* 1974-1992; 2004-2007 Singapore* 1971-2007 Somalia 1974-1977 South Africa* 2004-2007 Spain* 1968-1974; 1980-2010 Sri Lanka* 2004-2007c Sudan 1992-2004 Sweden* 1983-1989; 2001-2007 Switzerland* 2004-2010 Syrian Arab Republic 1968-1980i Thailand* 1968-1971; 1992-2010 Trinidad and Tobago 1980-1986 Togo 1989-1995 Tunisia* 1968-1974; 2004-2007 Turkey* 2004-2007 Uganda* 1980-1986; 1992-2010 United Arab Emirates 1968-1977 United Kingdom of Great Britain and Northern Ireland* 1968-2007 United Republic of Tanzania 1968-1989; 1992-1998 United States of America* 1968-2010 Uruguay* 1986-2004, 2004-2007 Venezuela (Bolivarian Republic of)* 2004-2010 Yugoslavia 1980-1992 Zaire 1974-1980 Zimbabwe* 2004-2010Trade Rules: UNCITRAL Page 14 of 20
  19. 19. Sarjeevan Sainbhi Dt. 23-08-2011 Annex III Chairpersons of UNCITRAL Number of session (Year) Name (State) First (1968) Emmanual Kodjoe Dadzie (Ghana) Second (1969) Lászlo Réczei (Hungary) Third (1970) Albert Lilar (Belgium) Fourth (1971) Nagendra Singh (India) Fifth (1972) Jorge Barrera-Graf (Mexico) Sixth (1973) Mohsen Chafik (Egypt) Seventh (1974) Jerzy Jakubowski (Poland) Eighth (1975) Roland Loewe (Austria) Ninth (1976) Warren L. H. Khoo (Singapore) Tenth (1977) Nehemias Da Silva Gueiros (Brazil) Eleventh (1978) Samuel K. Date-Bah (Ghana) Twelfth (1979) Ludvik Kopac (Czechoslovakia) Thirteenth (1980) Rolf Herber (Federal Republic of Germany) Fourteenth (1981) Warren L. H. Khoo (Singapore) Fifteenth (1982) Rafael Eyzaguirre (Chile) Sixteenth (1983) Mohsen Chafik (Egypt) Seventeenth (1984) Iván Szász (Hungary) Eighteenth (1985) Roland Loewe (Austria) Nineteenth (1986) P. K. Kartha (India) Twentieth (1987) Ana Isabel Piaggi de Vanossi (Argentina) Twenty-first (1988) Henry M. Joko-Smart (Sierra Leone) Twenty-second (1989) Jaromir Ruzicka (Czechoslovakia) Twenty-third (1990) Michael Joachim Bonell (Italy) Twenty-fourth (1991) Kazuaki Sono (Japan) Twenty-fifth (1992) José Maria Abascal Zamora (Mexico) Twenty-sixth (1993) Sani L. Mohammed (Nigeria) Twenty-seventh (1994) David Morán Bovio (Spain) Twenty-eighth (1995) Goh Phai Cheng (Singapore) Twenty-ninth (1996) Ana Isabel Piaggi de Vanossi (Argentina) Thirtieth (1997) Joseph Fred Bossa (Uganda) Thirty-first (1998) Dumitru Mazilu (Romania) Thirty-second (1999) Reinhard G. Renger (Germany) Thirty-third (2000) Jeffrey Chan Wah Tek (Singapore) Thirty-fourth (2001) Alejandro Ogarrio Reyes-España (Mexico) Thirty-fifth (2002) Henry M. Joko-Smart (Sierra Leone) Thirty-sixth (2003) Tore Wiwen-Nilsson (Sweden) Thirty-seventh (2004) Wisit Wisitsora-At (Thailand) Thirty-eighth (2005) Jorge Pinzón Sánchez (Colombia) Thirty-ninth (2006) Stephen Karangizi (Uganda)Trade Rules: UNCITRAL Page 15 of 20
  20. 20. Sarjeevan Sainbhi Dt. 23-08-2011 Annex IV UNCITRAL working groups and chairpersons Working Group I (Procurement) Sixth session (2004)-Ninth session (2006) Stephen Karangizi (Uganda) Working Group II (Arbitration) (renamed 2001) Thirty-fifth session (2001)- José María Abascal Zamora (Mexico) Forty-fourth session (2006) Working Group III (Transport Law) (renamed 2001) Ninth session (2002)- Rafael Illescas Ortiz (Spain) Seventeenth session (2006) Working Group IV (Electronic Commerce) (renamed 2001) Thirty-ninth session (2002)- Jeffrey Chan Wah Tek (Singapore) Forty-fourth session (2004) Working Group V (Insolvency Law) (renamed 2001) Twenty-fifth session (2001)- Wisit Wisitsora-At (Thailand) Thirtieth session (2004) Working Group VI (Security Interests) First session (2002)-Tenth session (2006) Kathryn Sabo (Canada)Trade Rules: UNCITRAL Page 16 of 20
  21. 21. Sarjeevan Sainbhi Dt. 23-08-2011 Annex V Secretaries of UNCITRAL Paolo Contini 1968-1969 John Honnold 1969-1974 Willem Vis 1974-1980 Kazuaki Sono 1980-1985 Eric Bergsten 1985-1991 Gerold Herrmann 1991-2001 Jernej Sekolec 2001- Not declaredTrade Rules: UNCITRAL Page 17 of 20
  22. 22. Sarjeevan Sainbhi Dt. 23-08-2011 Annexure - VI 44th Session Documents 27 June - 8 July 2011, Vienna  A/66/17 - Report of the United Nations Commission on International Trade Law, forty-fourth session (27 June - 8 July 2011) Note: Unedited text as adopted. Subject to editing outside of the UNCITRAL Secretariat. Translation pending.  A/CN.9/711 - Provisional agenda, annotations thereto and scheduling of meetings of the forty- fourth session  A/CN.9/711/Corr.1 - Provisional agenda, annotations thereto and scheduling of meetings of the forty-fourth session  A/CN.9/712 - Report of Working Group II (Arbitration and Conciliation) on the work of its fifty- third session (Vienna, 4-8 October 2010)  A/CN.9/713 - Report of Working Group I (Procurement) on the work of its nineteenth session (Vienna, 1-5 November 2010)  A/CN.9/714 - Report of Working Group VI (Security Interests) on the work of its eighteenth session (Vienna, 8-12 November 2010)  A/CN.9/715 - Report of Working Group V (Insolvency Law) on the work of its thirty-ninth session (Vienna, 6-10 December 2010)  A/CN.9/716 - Report of Working Group III (Online Dispute Resolution) on the work of its twenty- second session (Vienna, 13-17 December 2010)  A/CN.9/717 - Report of Working Group II (Arbitration and Conciliation) on the work of its fifty- fourth session (New York, 7-11 February 2011)  A/CN.9/718 - Report of Working Group I (Procurement) on the work of its twentieth session (New York, 14-18 March 2011)  A/CN.9/719 - Report of Working Group VI (Security Interests) on the work of its nineteenth session (New York, 11-15 April 2011)  A/CN.9/720 - Comparison and analysis of major features of international instruments relating to secured transactions  A/CN.9/721 - Report of Working Group III (Online Dispute Resolution) on the work of its twenty- third session (New York, 23-27 May 2011)  A/CN.9/722 - Bibliography of recent writings related to the work of UNCITRAL  A/CN.9/723 - Status of conventions and model laws  A/CN.9/724 - Technical cooperation and assistance  A/CN.9/725 - Coordination activities  A/CN.9/726 - Promotion of ways and means of ensuring a uniform interpretation and application of UNCITRAL legal texts  A/CN.9/727 - Legal and regulatory issues surrounding microfinance  A/CN.9/728 - Present and possible future work on electronic commerce  A/CN.9/728/Add.1 - Present and possible future work on electronic commerce  A/CN.9/729 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/729/Add.1 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/729/Add.2 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/729/Add.3 - Draft revised text of the Model Law - Note by the SecretariatTrade Rules: UNCITRAL Page 18 of 20
  23. 23. Sarjeevan Sainbhi Dt. 23-08-2011  A/CN.9/729/Add.4 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/729/Add.5 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/729/Add.6 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/729/Add.7 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/729/Add.8 - Draft revised text of the Model Law - Note by the Secretariat  A/CN.9/730 - Finalization and adoption of the UNCITRAL Model Law on Public Procurement - Compilation of comments by Governments and international organizations on the draft Model Law on Public Procurement  A/CN.9/730/Add.1 - Finalization and adoption of the UNCITRAL Model Law on Public Procurement - Compilation of comments by Governments and international organizations on the draft Model Law on Public Procurement  A/CN.9/730/Add.2 - Finalization and adoption of the UNCITRAL Model Law on Public Procurement - Compilation of comments by Governments and international organizations on the draft Model Law on Public Procurement  A/CN.9/731 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.1 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.2 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.3 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.4 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.5 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.6 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.7 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.8 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/731/Add.9 - Revised Guide to Enactment to accompany the UNCITRAL Model Law on Public Procurement  A/CN.9/732 - Judicial materials on the UNCITRAL Model Law on Cross-Border Insolvency  A/CN.9/732/Add.1 - The UNCITRAL Model Law on Cross-Border Insolvency: The judicial perspective (continued)  A/CN.9/732/Add.2 - The UNCITRAL Model Law on Cross-Border Insolvency: The judicial perspective (continued)  A/CN.9/732/Add.3 - The UNCITRAL Model Law on Cross-Border Insolvency: The judicial perspective (continued)  A/CN.9/733 - Judicial materials on the UNCITRAL Model Law on Cross-Border Insolvency: Compilation of comments by Governments  A/CN.9/733/Add.1 - Judicial materials on the UNCITRAL Model Law on Cross-Border Insolvency: Compilation of comments by Governments (continued)  A/CN.9/734 - Note by the Secretariat - Annex - Proposal by the United Nations Conference on Trade and Development (UNCTAD)Trade Rules: UNCITRAL Page 19 of 20
  24. 24. Sarjeevan Sainbhi Dt. 23-08-2011 Annexure - VII Future Meetings  Commission Session 18 June-6 July 2012, New York [or 9-27 July 2012, Vienna]*  Working Group I: Procurement 16-20 April 2012, New York [or 27 February-2 March 2012, Vienna]*  Working Group II: Arbitration and Conciliation 3-7 October 2011, Vienna; 6-10 February 2012, New York [or 30 January-3 February 2012, Vienna]*  Working Group III: Online Dispute Resolution 14-18 November 2011, Vienna; 28 May-1 June 2012, New York [or 7-11 May 2012, Vienna]*  Working Group IV: Electronic Commerce 10-14 October 2011, Vienna; 13-17 February 2012, New York [or 9-13 January 2012, Vienna]*  Working Group V: Insolvency Law 31 October-4 November 2011, Vienna; 9-13 April 2012, New York [or 20-24 February 2012, Vienna]*  Working Group VI: Security Interests 12-16 December 2011, Vienna; 14-18 May 2012, New York [or 5-9 March 2012, Vienna]* * In line with the established pattern of UNCITRAL meetings, New York will be the location for meetings scheduled to take place in the first half of 2012. These meetings will only take place in Vienna if the resources required for the Secretariat to organize meetings in New York are not made available by the General Assembly. Additional information can be found in A/66/17 (to be issued shortly). ---End---Trade Rules: UNCITRAL Page 20 of 20

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