Sixth Committee (Legal) — 77th session
Report of the United Nations Commission on International Trade Law on the work of its fifty-fifth session (Agenda item 75)
- Authority: resolution 76/229
Documentation
- A/77/17 — Report of the United Nations Commission on International Trade Law on the work of its fifty-fifth session
- A/C.6/77/L.7 — Draft resolution "Report of the United Nations Commission on International Trade Law on the work of its fifty-fifth session"
- A/C.6/77/L.8 — Draft resolution "United Nations Convention on the International Effects of Judicial Sales of Ships"
- A/C.6/77/L.9 — Draft resolution "Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services"
Summary of work
Background (source: A/77/100)
At its twenty-first session, the General Assembly established the United Nations Commission on International Trade Law (UNCITRAL) 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 2205 (XXI)). 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, fifty-seventh and seventy-sixth sessions, respectively, the Assembly increased the membership of the Commission from 29 to 36 States (resolution 3108 (XXVIII)), from 36 to 60 States (resolution 57/20) and from 60 to 70 States (resolution 76/109). For the current composition of the Commission, see decision 76/416.
The Assembly had on its agenda the item entitled “Report of the United Nations Commission on International Trade Law” annually from the twenty-third to the forty-first sessions and has had the item entitled “Report of the United Nations Commission on International Trade Law on the work of its … session” annually since its forty-second session (resolutions 2421 (XXIII), 2502 (XXIV), 2635 (XXV), 2766 (XXVI), 2928 (XXVII), 3104 (XXVIII), 3108 (XXVIII), 3316 (XXIX), 3494 (XXX), 31/98 to 31/100, 32/145, 33/92, 33/93, 34/142, 34/143, 35/51, 35/52, 36/32, 37/106, 37/107, 38/134, 38/135, 39/82, 40/71, 40/72, 41/77, 42/152, 42/153, 43/165 (United Nations Convention on International Bills of Exchange and International Promissory Notes), 43/166, 44/33, 45/42, 46/56 A and B, 47/34, 48/32 to 48/34, 49/54, 49/55, 50/47, 50/48 (United Nations Convention on Independent Guarantees and Stand-by Letters of Credit), 51/161, 51/162 (Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law), 52/157, 52/158 (Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law), 53/103, 54/103, 55/151, 56/79, 56/80, 56/81 (United Nations Convention on the Assignment of Receivables in International Trade), 57/17, 57/18 (Model Law on International Commercial Conciliation of the United Nations Commission on International Trade Law), 57/19, 57/20, 58/75, 58/76, 59/39, 59/40, 60/20, 60/21 (United Nations Convention on the Use of Electronic Communications in International Contracts), 61/32, 61/33, 62/64, 62/65, 63/120, 63/121, 63/122 (United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), 64/111, 64/112, 65/21 to 65/24, 66/94 to 66/96, 67/89, 67/90, 68/106 to 68/109, 69/115, 69/116 (United Nations Convention on Transparency in Treaty-based Investor-State Arbitration), 70/115, 71/135 to 71/138, 72/113, 72/114, 73/197 to 73/200, 74/182 to 74/184, 75/133, 76/107 to 76/109 and 76/229).
At its seventy-sixth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by the Chair of the United Nations Commission on International Trade Law and by 33 delegations (see A/C.6/76/SR.11 and 12). The Assembly noted with interest the progress made by the Commission in its work in several areas and took note with interest of the decisions taken by the Commission on its future work (resolution 76/229).
Consideration at the seventy-seventh session
The Sixth Committee considered the item at its 15th, 16th, 17th, 32nd and 34th meetings, on 17 and 18 October and on 3 and 7 November 2022. The views of the representatives who spoke during the Committee’s consideration of the item are reflected in the relevant summary records (See A/C.6/77/SR.15, 16, 17, 32 and 34).
The Chair of the United Nations Commission on International Trade Law at its fifty-fifth session introduced the report of the Commission (A/77/17).
Statements were made by the representatives of the European Union (also on behalf of its member States (the candidate countries Serbia, Albania, Ukraine and the Republic of Moldova, as well as Georgia, aligned themselves with the statement)), Finland (on behalf of Nordic Countries (Finland, Denmark, Iceland, Norway, Sweden), Singapore, Philippines, Sierra Leone, Iran (Islamic Republic of), Belarus, Italy, the United States of America, Austria, Mexico, El Salvador, Pakistan, Peru, Canada [in English], India, Cameroon, China, Cuba, Ecuador, Viet Nam, the United Kingdom of Great Britain and Northern Ireland, the Russian Federation, Chile, Thailand, Japan, the Dominican Republic, Uganda, the Republic of Korea, France, Algeria, Argentina, Morocco, Honduras and Israel.
Delegations generally expressed support for the work of the United Nations Commission on International Trade Law and commended it for the progress made at its fifty-fifth section. The importance of the Commission’s role in the harmonization and progressive development of international trade law was emphasized and the relevance of its work to the achievement of the Sustainable Development Goals was highlighted. In particular, the finalization of the UNCITRAL draft convention on the international effects of judicial sales of ships, the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services, and recommendations to assist mediation centres under the UNCITRAL Mediation Rules was welcomed.
In relation to future work, many delegations highlighted their interest in various aspects of the work of the working groups. Concerning Working Group I, a number of delegations welcomed the work on access to credit for micro, small and medium-sized enterprises. With respect to Working Group II, several delegations emphasized the work on early dismissal and adjudication. Concerning Working Group III, a number of delegations welcomed progress in the work on possible reform of investor-State dispute settlement. Some delegations highlighted the importance that the Working Group proceed in a transparent and inclusive manner. Regarding Working Group IV, a number of delegations expressed appreciation for the finalization of the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services and the consideration on the use of artificial intelligence and automation in contracting. With respect to Working Group V, a number of delegations expressed appreciation for progress in the work on civil asset tracing and interest in future work on applicable law in insolvency proceedings. Additionally, several delegations welcomed the work of Working Group VI and the constructive engagement of UNCITRAL members and observers, which allowed the draft convention on the international effects of judicial sales of ships convention to be completed in a timely manner despite the significant challenges of multiple hybrid negotiating sessions during COVID-19.
Finally, the importance of capacity building programmes and broad participation of all countries was emphasized. Several delegations expressed appreciation for the contributions made to the UNCITRAL Trust Fund to facilitate the participation of developing countries in the Commission’s work. A number of delegations emphasized the importance of the equitable geographical distribution of members.
Archived videos and summaries of plenary meetings
15th meeting (17 October 2022, 10:00am – 1:00pm) | Summary
16th meeting (17 October 2022, 3:00pm – 6:00pm) | Summary
17th meeting (18 October 2022, 10:00am – 1:00pm) | Summary
32nd meeting (3 November 2022, 10:00am – 1:00pm) | Summary
34th meeting (7 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 32nd meeting, on 3 November, the representative of Austria, also on behalf of Argentina, Austria, Belarus, Bulgaria, Canada, Chile, Croatia, Czechia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Namibia, Peru, the Philippines, Poland, Portugal, the Republic of Korea, Romania, Serbia, Singapore, Slovakia, Spain, Sweden, Switzerland, Thailand, Turkmenistan, Uganda, Ukraine, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, introduced a draft resolution entitled “Report of the United Nations Commission on International Trade Law on the work of its fifty-fifth session” (A/C.6/77/L.7), and announced that Ghana, Honduras and Lesotho had joined in sponsoring the draft resolution. At the 34th meeting, on 7 November, the representative of Austria announced that the Russian Federation had also joined in sponsoring the draft resolution.
At the 32nd meeting, on 3 November, the representative of Thailand, on behalf of the Bureau, introduced a draft resolution entitled “United Nations Convention on the International Effects of Judicial Sales of Ships” (A/C.6/77/L.8).
At the same meeting, the representative of Singapore, on behalf of the Bureau, introduced a draft resolution entitled “Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services” (A/C.6/77/L.9).
At its 34th meeting, on 7 November, the Committee adopted the three draft resolutions (A/C.6/77/L.7, A/C.6/77/L.8 and A/C.6/77/L.9) without a vote.
Under the terms of draft resolution A/C.6/7/L.7, the General Assembly would, inter alia, 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 and of the decisions taken by the Commission as regards its future work.
Under the terms of draft resolutions A/C.6/76/L.8, the Assembly would adopt the Convention and authorize a ceremony for the opening for signature of the Convention to be held as soon as practicable in 2023 in Beijing, and recommend that the Convention be known as the “Beijing Convention on the Judicial Sale of Ships”.
Under the terms of draft resolution A/C.6/77/L.9, the Assembly would, inter alia, recommend that all States give favourable consideration to the Model Law when revising or adopting legislation relevant to identity management and trust services and to the use of the Model Law on Electronic Commerce, the Model Law on Electronic Signatures and the Model Law on Electronic Transferable Records when revising or adopting legislation on electronic commerce.
Subsequent action taken by the General Assembly
This agenda item will thus be considered at the seventy-eighth session (2023).
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