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UNCITRAL United Nations Commission on International Trade Law New Tools for the Uniform Interpretation and Application of UNCITRAL Texts on Arbitration.

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Presentation on theme: "UNCITRAL United Nations Commission on International Trade Law New Tools for the Uniform Interpretation and Application of UNCITRAL Texts on Arbitration."— Presentation transcript:

1 UNCITRAL United Nations Commission on International Trade Law New Tools for the Uniform Interpretation and Application of UNCITRAL Texts on Arbitration Luca CASTELLANI Head, UNCITRAL Regional Centre for Asia and the Pacific Incheon, Republic of Korea

2 UNCITRAL United Nations Commission on International Trade Law UNCITRAL The core legal body of the UN system in the field of international trade law Mandate: to remove legal obstacles to international trade by progressively modernizing and harmonizing international trade law Prepared legal texts in a number of key areas Provides technical assistance to trade law reform

3 UNCITRAL United Nations Commission on International Trade Law UNCITRAL-RCAP UNCITRAL Regional Centre for Asia and the Pacific (UNCITRAL RCAP) The first regional office of UNCITRAL, opened on 10 January 2012 Located in Incheon, Republic of Korea Covers approximately 55 States of the Asia-Pacific region, including Australia and New Zealand

4 UNCITRAL United Nations Commission on International Trade Law RCAP: Objectives & Functions Disseminate international trade norms and standards, in particular those elaborated by UNCITRAL Provide bilateral and multilateral technical assistance to States Engage in coordination activities with international and regional organizations Function as a channel of communication between States in the region and UNCITRAL Sub-regional priority: promote the adoption of the New York Convention in the Pacific Islands

5 UNCITRAL United Nations Commission on International Trade Law UNCITRAL Dispute Settlement Texts 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the "New York" Convention) 1976 UNCITRAL Arbitration Rules 1980 UNCITRAL Conciliation Rules 1985 UNCITRAL Model Law on International Commercial Arbitration (amended in 2006) 2002 UNCITRAL Model Law on International Commercial Conciliation Revised UNCITRAL Arbitration Rules

6 UNCITRAL United Nations Commission on International Trade Law Adopted in 1985, amended in 2006 A framework for the conduct of arbitral proceedings Consistent with the New York Convention Reflects world wide consensus Adopted in about 90 jurisdictions Aims at reducing discrepancy between domestic procedural laws affecting international commercial arbitration To achieve this purpose, uniform interpretation and application of the Model Law is equally important Model Law on Arbitration

7 UNCITRAL United Nations Commission on International Trade Law Case Law on UNCITRAL Texts UNCITRAL established in 1988 a case-reporting system known as Case Law on UNCITRAL Texts (CLOUT) Collection of court decisions and arbitral awards relating to UNCITRAL texts for use by judges, arbitrators, lawyers, parties to commercial transactions, academics, students, etc. Available in all UN official languages Relies on national correspondents for full texts and abstracts of decisions and awards

8 UNCITRAL United Nations Commission on International Trade Law Launched on 9 June 2012, features 725 cases from 37 States in 232 pages Provides users with a means to better understand, interpret and apply the enactments of the Model Law Organised according to the chapters and articles in the Model Law Summary of case law for each article, highlighting common views and reporting any divergent approach Footnotes with live links to cases Aims at identifying trends in the interpretation of the Model Law, and whether any divergence is a result of variation in 1) legislative enactment of the Model Law or 2) interpretation The Digest on the Model Arbitration Law

9 UNCITRAL United Nations Commission on International Trade Law Guide on the New York Convention Currently being prepared by UNCITRAL (expected in 2013) Meanwhile, an on-line platform on the New York Convention Guide (www.newyorkconvention1958.org) was launched on 2 July 2012www.newyorkconvention1958.org The content of the website aims at presenting the evolution of case law on the New York Convention

10 UNCITRAL United Nations Commission on International Trade Law Thank You! For more information, please visit our website http://www.uncitral.org/ - or - http://www.uncitral.org/ Send an Email to uncitral.rcap@uncitral.org


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