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UNCITRAL
The United Nations Commission on International Trade Law (UNCITRAL) ( French: ''Commission des Nations Unies pour le droit commercial international (CNUDCI)'') is a subsidiary body of the U.N. General Assembly (UNGA) responsible for helping to facilitate international trade and investment. Established by the UNGA in 1966, UNCITRAL's official mandate is "to promote the progressive harmonization and unification of international trade law" through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods. UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna, where it is headquartered. History When world trade began to expand dramatically in the 1960s, national governments began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade. Membership UNCITRAL' ...
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UNCITRAL Model Law On Electronic Transferable Records
The UNCITRAL Model Law on Electronic Transferable Records (“MLETR”) is a uniform model law that has been adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 2017. Its scope is to allow the use of transferable documents and instruments in electronic form. Transferable documents and instruments typically include bills of lading, warehouse receipts, bills of exchange, promissory notes and cheques. National law qualifies a document or instrument as transferable. Transferable documents and instruments allow to request delivery of goods and payment of a sum of money based on possession of the document or instrument. However, it has been difficult to reproduce the notion of possession, which has to do with control over tangible goods, in an electronic environment. The MLETR addresses that legal gap. Under the MLETR each dematerialised document does not need to be managed in a separate information system, but the same system could manage multiple docum ...
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United Nations Convention On The Use Of Electronic Communications In International Contracts
The United Nations Convention on the Use of Electronic Communications in International Contracts (the "Electronic Communications Convention", ECC or e-cc) is a treaty that aims at facilitating the use of electronic communications in international trade. It was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by the United Nations General Assembly on 23 November 2005. Pursuant to Article 23, it entered into force on 1 March 2013, the first day of the month after six months passed following adoption by three States parties, namely the Dominican Republic, Honduras, and Singapore. Adoption The following states have ratified, accepted, approved, acceded to, or succeeded to the Electronic Communications Convention: The Electronic Communications Convention has been signed, but not yet ratified, by the Central African Republic, China, Colombia, Iran, Lebanon, Madagascar, Panama, the Republic of Korea, Saudi Arabia, Senegal, and Sierra Leone. ...
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Investor–state Dispute Settlement
Investor–state dispute settlement (ISDS), or an investment court system (ICS), is a set of rules through which states ( sovereign nations) can be sued by foreign investors for certain state actions affecting the foreign direct investments (FDI) of that investor. This most often takes the form of international arbitration between the foreign investor and the state. As of June 2024, over US$113 billion has been paid by states to investors under ISDS, the vast majority of the money going to fossil fuel interests. ISDS most often is an instrument of public international law, granting private parties (the foreign investors) the right to sue a state in a forum other than that state's domestic courts. Investors are granted this right through international investment agreements between the investor's home state and the host state. Such agreements can be found in bilateral investment treaties (BITs), international trade treaties such as the 2019 United States–Mexico–Canada Agre ...
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UNCITRAL Model Law On International Commercial Arbitration
The UNCITRAL Model Law on International Commercial Arbitration is a model law prepared and adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures. The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ... did, in the International Arbitration Act 1974, as amended). The model law was published in English and in French. Translations in all six United Nations languages now exist. Note that there is a difference between the UNCITRAL ''Model Law'' on International Commercial Arbitration (1985) and the UNCITRAL ''Arbitr ...
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Convention On The Limitation Period In The International Sale Of Goods
The Convention on the Limitation Period in the International Sale of Goods (the "Limitation Convention") is a uniform law treaty prepared by the United Nations Commission on International Trade Law (UNCITRAL). It deals with the prescription of actions relating to contracts for the international sale of goods due to the passage of time. The Limitation Convention was originally prepared as a chapter of a broader treaty on contracts for international sale of goods. Adopted in 1974, it was amended in 1980 to be fully aligned, especially with respect to scope of application, to the United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in the same year. Adoption As of 2 January 2016, the following 30 states have ratified, acceded to, succeeded to, or participate under the Limitation Convention: The Limitation Convention has been signed, but not yet ratified, acceded to, succeeded to, or participated under, by Brazil, Bulgaria, Costa Rica, Mongo ...
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UNCITRAL Model Law On Cross-Border Insolvency
The UNCITRAL Model Law on Cross-Border Insolvency was a model law issued by the secretariat of UNCITRAL on 30 May 1997 to assist states in relation to the regulation of corporate insolvency and financial distress involving companies which have assets or creditors in more than one state. At present 23 jurisdictions have substantially adopted the Model Law. Purpose The to the Model Law provides: The Model Law is designed to provide a model framework to encourage cooperation and coordination between jurisdictions. Despite earlier proposals to do so, it does not attempt to unify substantive insolvency laws, and the Model Law respects the differences among the substantive and procedural laws of states. The Model Law defines a cross-border insolvency is one where the insolvent debtor has assets in more than one state, or where some of the creditors of the debtor are not from the state where the insolvency proceeding is taking place. UNCITRAL published the Model Law in respons ...
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CISG
The United Nations Convention on Contracts for the International Sale of Goods (CISG), sometimes known as the Vienna Convention, is a multilateral treaty that establishes a uniform framework for international commerce.Not to be confused with other treaties signed in Vienna. As of December 2023, it has been ratified by 97 countries, representing two-thirds of world trade. The CISG facilitates international trade by removing legal barriers among state parties (known as "Contracting States") and providing uniform rules that govern most aspects of a commercial transaction, such as contract formation, the means of delivery, parties' obligations, and remedies for breach of contract. Unless expressly excluded by the contract, the convention is automatically incorporated into the domestic laws of Contracting States and applies directly to a transaction of goods between their nationals. The CISG is rooted in two earlier international sales treaties first developed in 1930 by the ...
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Anna Joubin-Bret
Anna Joubin-Bret (born 2 February 1962) is a French lawyer. She is the Secretary of the United Nations Commission on International Trade Law (UNCITRAL) and Director of the International Trade Law Division (ITLD) in the Office of Legal Affairs (OLA) of the United Nations, UN Secretariat since 2017. Education From 1979 to 1982, Joubin-Bret completed a B.A. in International Relations at the Institut d'études politiques de Lyon, Institut d'Études Politiques (Sciences-Po) and a B.A. in Private law, Private Law at the University of Lyon, University of Lyon III Jean-Moulin. In 1985, she obtained an M.A. in International Commercial Law and a Diplôme d'études approfondies in Private International Law at the Université Paris 1 Panthéon-Sorbonne. Career Joubin-Bret started her career in 1983 as a junior counsel in the legal department of the Schneider Group. In 1984, she became general counsel for the French technology group KIS. From 1986 to 1994, she was the Director of the Expor ...
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Convention On The Recognition And Enforcement Of Foreign Arbitral Awards
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. The Convention requires courts of contracting Sovereign state, states to give effect to private agreements to arbitration, arbitrate and to recognize and enforce arbitration awards made in other contracting states. Widely considered the foundational instrument for international arbitration, it applies to arbitrations that are not considered as domestic awards in the state where recognition and enforcement is sought. The New York Convention is very successful. Nowadays many countries have adopted arbitration laws based on the United Nations Commission on International Trade Law, UNCITRAL UNCITRAL Model Law on International Commercial Arbitration, Model Law on International Commercial Arbitration. This works with the New York Convention so that the provis ...
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UNIDROIT
UNIDROIT (formally, the International Institute for the Unification of Private Law; French: ''Institut international pour l'unification du droit privé'') is an intergovernmental organization whose objective is to harmonize private international law across countries through uniform rules, international conventions, and the production of model laws, sets of principles, guides and guidelines. Established in 1926 as part of the League of Nations, it was reestablished in 1940 following the League's dissolution through a multilateral agreement, the UNIDROIT Statute. As of 2023 UNIDROIT has 65 member states. UNIDROIT has prepared multiple conventions (treaties), but has also developed soft law instruments. An example are the UNIDROIT Principles of International Commercial Contracts. Distinctly different from the Convention on the International Sale of Goods (CISG) adopted by UNCITRAL, the UNIDROIT Principles do not apply as a matter of law, but only when chosen by the parties ...
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International Investment Agreement
An international investment agreement (IIA) is a type of treaty between countries that addresses issues relevant to cross-border investments, usually for the purpose of protection, promotion and liberalization of such investments. Most IIAs cover foreign direct investment (FDI) and portfolio investment, but some exclude the latter. Countries concluding IIAs commit themselves to adhere to specific standards on the treatment of foreign investments within their territory. IIAs further define procedures for the resolution of disputes should these commitments not be met. The most common types of IIAs are Bilateral investment treaty, bilateral investment treaties (BITs) and preferential trade and investment agreements (PTIAs). International taxation agreements and double taxation treaties (DTTs) are also considered IIAs, as taxation commonly has an important impact on foreign investment. Bilateral investment treaties deal primarily with the admission, treatment and protection of foreign i ...
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Singapore Convention On Mediation
The Singapore Convention on Mediation, formally the United Nations Convention on International Settlement Agreements Resulting from Mediation is an Treaty, international agreement which provides a uniform and efficient framework for the recognition and enforcement of Mediation, mediated settlement agreements that resolve international, commercial disputes - akin to the framework that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 New York Convention provides for Arbitration award, arbitral awards. It was adopted on 20 December 2018 by the United Nations General Assembly, UN General Assembly and opened for signature on 7 August 2019. The Convention entered into force on 12 September 2020, that is, six months after the deposit of the third ratification instrument by Qatar, the first two being Singapore and Fiji. Background The impetus for the Singapore Convention on Mediation arose at the February 2014 public meeting of the U.S. State Department's ...
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