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UNCITRAL

International Rishi Samdani


Logistics & 21215
Supply Chain
Dr. D.Y. Patil B-School, Pune
Management
U N C I T R A L

United Nations Commission on International Trade Law


INTRODUCTION
• The United Nations Commission on International Trade Law
(UNCITRAL) was established as a subsidiary body of the U.N.
General Assembly (UNGA) in 1966.
• The organization is responsible for helping to facilitate
international trade and investment.
• Much of the complex network of international legal rules and
agreements that affect today's commercial arrangements have
been reached through long and detailed consultations and
negotiations organized by UNCITRAL.
• UNCITRAL seeks to help expand and facilitate global trade
through the progressive harmonization and modernization of the
law of international trade.
SCOPE OF UNCITRAL
 International Commercial Arbitration &
Conciliation
 International sale of goods (CISG)
 Security Interests
 Insolvency
 International Payments
 International transport of goods
 Electronic Commerce
 Procurement and Infrastructure development
KEY FEATURES OF UNCITRAL
 It aims to govern the basic international commercial transactions.
 The commercial regulation transaction has been facilitated by creating a system
of rules and laws which are acceptable and applicable globally.
 UNCITRAL and the laws mentioned under the model are always subject to
renewal and amendment as the ever-changing society and nature of business
interactions calls for modern governance.
 UNCITRAL not only encourages the adoption of a common legal standard among
international transactions but also aims to modify domestic laws to enable cross-
country trade and transaction.
 UNCITRAL has smoothened international commercial law by encouraging
alternative dispute resolution, encouraging the countries to follow international
contract practices and such other practices.
 The goal of international commercial transactions to operate smoothly is
encouraged more so by coordinating with which different bodies (in and out of
the UN structure) interact to promote consistency and harmony further.
60 COUNTRIES

States includes 12 African states, 15 Asian


states, 18 European states, 6 Latin
American and Caribbean states, and 1
Oceania state

Elected for terms of 6 years, the


terms of half the members
expiring every 3 years.
METHOD OF WORK
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.
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.
6 WORKING GROUPS
The commission has established six working groups to perform the substantive
preparatory work on topics within the commission’s programme of work. Each of
the working groups is compared of all member states of the commission.

Micro, small, Medium- Arbitration and


sized enterprises Conciliation

Online dispute
Electronic commerce
resolution

Insolvency law Security Interests


IMPACT OF UNCITRAL
In the process of smoothening international commercial
transactions, the UNCITRAL model also has its own set of rules
and applications to allow the parties to have dispute
resolution using arbitration. These rules govern the basic
structure of arbitration, embracing aspects like the
appointment of arbitrators, the manner to carry on the
proceedings, and the intricacies involved in giving arbitral
awards. The rules on arbitration as per the model are
incredibly significant, and the fact that over 60 countries in the
world have participated annually ever since the conception of
this model only means that not only does it help in
international commercial transactions but also has popularized
the concept of alternative dispute resolution as it also
encourages processes like conciliation and mediation.
MODEL LAWS
Model laws are legislative text that is recommended to States for enactment as part of
their national laws. Model laws are generally finalized and adapted by UNCITRAL, at its
annual session, while conventions requires the convening of a diplomatic conference.
• UNCITRAL Model Law on International Commercial Arbitration(1985)
• UNCITRAL 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)
• UNCITRAL 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)
• UNCITRAL Model Law on Secured Transactions (2016)
• UNCITRAL Model Law on Electronic Transferable Records (2017)
• UNCITRAL Model Law on the Recognition and Enforcement of Insolvency-
Related Judgments (2018)
• UNCITRAL Model Legislative Provisions on Public-Private Partnerships (2020)
CONCLUSION
The encouragement of other modes of alternative dispute
resolution such as conciliation and mediation is a relatively
new concept that UNCITRAL has promoted. Nevertheless,
such motivation does not only ease the process of dispute
resolution but also gives countries a chance at a more cost-
effective means of solving any quarrels that may arise
without getting involved in the hassle of going to courts to
gain justice.
REFERANCES

https://www.wikipedia.org/
www.UNCITRAL.org
UNCITRAL conciliation Rules, 1980
International Commercial Arbitration, 1985
https://www.investopedia.com

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