- 6-17 July 2020
- 7-11 October 2019, Vienna
- 23-27 March 2020, New York
- 23 -27 September 2019, Vienna
- 3-7 February 2020, New York
- 25-29 November 2019, Vienna
- 6-9 April 2020, New York
- 18-22 November 2019, Vienna
- 20-24 April 2020, New York
As we close out our fifth year in Australia, we’re proud to look back, celebrate our progress, and invite you to join us for the next year.
As the first National UNCITRAL Coordination Committe of its kind, UNCCA was founded in 2014 by Sydney barrister, Tim Castle. We’ve enjoyed tremendous growth since then. UNCCA is today supported by a membership base of over 60 members, which include esteemed members of the judiciary, leading academics, engaged legal and non-legal professionals, and a diverse student base made up from various Australian universities.
UNCCA today continues to provide the following benefits for its member base, including:
In 2019, five of our members were appointed by the Australian Attorney-General’s Department as CLOUT National Correspondents, UNCITRAL’s leading legal database of worldwide court decisions and arbitral awards on UNCITRAL texts.
UNCCA is considered to be the leading resource in providing these opportunities for engagement and for staying up to date with international trade laws developments through our regular Newsletters (see the latest edition here).
Australian lawyers and academics have much to contribute to the development of harmonized trade laws in our region and globally. UNCCA provides the vehicle for anyone who is interested in one of the nine key UNCITRAL areas to participate in that contribution.
In a special invitation for membership, UNCCA is pleased to invite all UN Day Lecture attendees to join us as members (either as Fellows or Associates). All UN Day Lecture attendees will benefit from an extended membership duration, valid until 1 January 2021.
To become an UNCCA Fellow, please visit here.
To become an UNCCA Associate, please visit here.
We look forward to welcoming you to UNCCA.
Speakers and Attendees in Hobart
On 23-24 October 2019, UNCCA held its third United Nations Day Lecture series. Lectures were held in the capital city of nearly every Australian State and Territory, including Adelaide, Brisbane, Canberra, Hobart, Melbourne, Perth and Sydney. The Lectures reflected on 25 years of UNCTIRAL Cross Border Insolvency Law Reform.
The UN Day Lectures brought insight into the history, utility, domestic relevance and future of cross-border insolvency (‘CBI’) law. UNCITRAL’s role in reforming CBI law over the past quarter-century has resulted in the development of key instruments which continue to guide legal and commercial practice worldwide. Particularly, the UNCITRAL Model Law on Cross-Border Insolvency (1997) has been adopted in 46 States, including in Australia as the Cross-Border Insolvency Act 2008 (Cth). The UNCITRAL framework enables recognition and cooperation between domestic and foreign courts for insolvency proceedings which cross international borders.
UN Day was generously hosted Australia-wide by the Federal Court of Australia. This year’s Lectures attracted over 200 attendees, including students, academics, lawyers and public servants – a testament to the growing domestic recognition of the important role played by international trade law. Likewise, speakers came from a variety of backgrounds, including academics, lawyers, judicial officers, and policy makers; each brought a unique insight into the role of UNCITRAL’s CBI framework and its implications for the study and practice of international trade law, particularly in Australia.
In Adelaide, Professor Christopher Symes of the University of Adelaide provided the Lecture, tracing the idea and application of international insolvency law in Australia back to as early as 1886, and in comparison, provided detailed insight into the utility of the UNCITRAL Law today. The event was chaired by Justice Anthony Besanko of the Federal Court, and additional commentary provided by Brendon Roberts QC, of the Adelaide Bar.
The Brisbane Lecture was presented by Adjunct Professor Rosalind Mason of QUT, who provided a useful exposition of UNCITRAL’s resources and CBI instruments, as well as insight into the theoretical framework used by the Model Law. Additional commentary was provided by Scott Butler of McCullough Robertson, who gave a practical explanation of some of the Model Law’s most salient technical features. The Lecture was chaired by Justice Roger Derrington.
UN Day in Canberra included a Lecture from Adjunct Professor Michael Murray of QUT who contrasted the UNCITRAL CBI framework’s sophisticated approach with the principles of comity and reciprocity previously relied upon in international relations, before examining some of the framework’s technical details, and UNCITRAL’s ongoing work. The Lecture was chaired by Judge Dr Warwick Neville of the Federal Circuit Court, with additional commentary provided by Prue Bindon of Key Chambers.
In Hobart, Tim Castle of the Sydney Bar and a former Chair of UNCCA referred to the importance of having a sound cross-border insolvency framework to reduce transaction costs associated with legal risk, as an accompaniment to the growth in world trade and global finance. Paul Cook, a former President of ARITA provided the commentary, and remarked on impact for Tasmanian industry and employees of global insolvencies. The Hobart session was well attended by over 30 practitioners, academics and students and was chaired by Judge Barbara Baker of the Federal Magistrates Court.
In Melbourne, the UN Day Lecture was provided by Stewart Maiden QC of the Victorian Bar, who highlighted the necessary imperfections of cross-border insolvency law in Australia, as revealed by recent case law, and the ongoing role of UNCITRAL in addressing them. In his commentary, Dr Neil Hannan of Thomson Geer highlighted the internationality of UNCITRAL’s CBI framework, noting the need for domestic authorities to properly balance the law’s features, as revealed in Australia through the example of Maritime Stays and Claims. The Lecture was chaired by Justice David O’Callaghan of the Federal Court.
The Perth Lecture was presented by Justice Katrina Banks-Smith of the Federal Court, with commentary from Julie Taylor of Francis Burt Chambers. Notably, the Lecture was chaired by UNCCA’s own Chair, Justice Neil McKerracher, also of the Federal Court.
The Sydney Lecture was presented by Scott Atkins of Norton Rose Fulbright, who gave a unique insight into the role of the Australian legal profession in the UNCITRAL’s CBI work, and how the laws have been received and implemented domestically. Additional insight into the practical hurdles of negotiating UNCITRAL texts, as well as likely future developments of CBI law was provided by commentator Jenny Clift, the Former Secretary of UNCITRAL’s Working Group V. The Lecture was chaired by Justice Jacqueline Gleeson of the Federal Court.
UNCCA is thankful to all the speakers who presented at UN Day 2019; their contribution to the academic and legal practice of trade law in Australia cannot be understated. Further, without the interest and contribution of all who attended UN Day 2019, UNCCA would not be able to continue its role of promoting international trade law in Australia.
As a token of thanks, UNCCA is pleased to offer all non-members who attended UN Day 2019 an extended membership offer. As such, any membership registrations (Fellowship or Associateship) made by attendees before the end of the year, will be honoured until 1 January 2021.
We look forward to seeing you at UNCCA’s next event!
With immense gratitude to the speakers and commentators from the UN Day Lectures, UNCCA is pleased to share the following material:
At its fifty-second session, in 2019, the Commission requested the Secretariat to organize a colloquium, in cooperation with other relevant international organizations, to further clarify and refine various aspects of the Commission’s possible work on civil asset tracing and recovery, for consideration by the Commission at its fifty-third session, in 2020. The Commission was of the view that the colloquium should consider the elements of a possible toolkit on civil asset tracing and recovery and collect more information on civil law jurisdictions practices. The colloquium should also: (a) examine both criminal and civil law tracing and recovery with a view to better delineating the topic while benefitting from available tools; (b) consider tools developed for insolvency law and for other areas of law; and (c) discuss proposed asset tracing and recovery tools and other international instruments (A/74/17, para. 203). That decision followed the consideration by the Commission of the proposals submitted by the United States of America (A/CN.9/996) and (A/CN.9/WG.V/WP.154).
The Colloquium on Civil Asset Tracing and Recovery will be held in Vienna on 6 December 2019. The meetings will take place from 9:30-12:30 and 14:00-17:00 in Boardroom D of the Vienna International Centre (VIC).
The Colloquium is restricted to professionals who deal with asset tracing and recovery, in particular in insolvency proceedings. The Colloquium will be conducted on an informal basis. Interpretation in the six official languages of the United Nations (Arabic, Chinese, English, French, Russian and Spanish) will be available.
Participation is by invitation. All eligible and interested participants are invited to communicate their interest to the UNCITRAL secretariat at firstname.lastname@example.org. Delegates and observers to the 56th session of Working Group V (Insolvency Law) are automatically invited to the Colloquium.
Those eligible and interested to speak are requested to identify a topic they are proposing to cover and attach an outline of issues they intend to address at the Colloquium (the outline should be of no longer than 2 pages).
No fees are charged for participation at the Colloquium but participants are expected to cover travel and accommodation costs and make their own travel and accommodation arrangements.
To ensure comprehensive and balanced deliberations and outcomes, scholars and practitioners from different legal systems of the world and of developed and developing countries are encouraged to attend the Colloquium. In addition, the United Nations is mindful of gender balance, and women are therefore particularly encouraged to attend the Colloquium and present their candidatures as speakers.
The report of the Colloquium will be before the Commission at its fifty-third session (New York, July 2020) and upon its issuance will be made available on the web page of the Commission.
Working Group VI recently congregated in New York between 13 and 17 May to progress its mandate on the judicial sale of ships.
UNCCA is grateful to the Hon Neil McKerracher, UNCCA Chair, for his Honour’s report on the progress and efforts undertaken at this session. His Honour’s report is accessible in full below (please navigate the pages via the “scroll page” option in the below PDF reader):190826 REPORT FOR NEWSLETTER 190513-190517 UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW WORKING GROUP VI
On 7 August this year, the United Nations Convention on International Settlement Agreements Resulting from Mediation was signed by forty-six countries in Singapore.
UNCCA is grateful to Delcy Lagones de Anglim for her report, reproduced below and accessible in full:
Signing the Singapore Convention
Attending UNCITRAL Working Group Sessions
UNCCA has sent a call to its members for Expressions of Interest to attend UNCITRAL Working Group Sessions as delegates, and to all Australian Law Schools to nominate students to participate in the UNCCA UNLAWS Scheme.
The UNLAWS Scheme is an UNCCA program enabling Australian law students to attend UNCITRAL Working Group meetings in Vienna and New York as part of a delegation led by an Australian UNCCA expert approved by the Chair of the relevant UNCCA Expert Advisory Committee. The aim of the UNLAWS Scheme is to increase awareness of the work of UNCITRAL and to provide students with a unique opportunity to participate in the consideration and formulation of future harmonised legal texts in relation to trade law.?Participation in the UNLAWS scheme is typically limited to two students per session, based on merit selection.?Students must be self-funded, with individual law schools being encouraged to offer assistance to any students selected. There is no fee payable to apply, but approved attendees are required to join UNCCA, with lead delegates also required to take up membership with LawAsia – the organisation securing the participation of UNCCA delegates at the Working Group sessions.
To date, over 20 lead delegates and some 60 students have attended UNCITRAL sessions through UNCCA. The students were from: Australian National University; Bond University; Curtin University; Griffith University; La Trobe University; Monash University; Queensland University of Technology; University of Canberra; University of Newcastle; University of New South Wales; University of Queensland; University of Sydney; University of Western Sydney; University of Wollongong; and Victoria University.
There are up to 12 UNCITRAL WG sessions per year, with the upcoming calendar of sessions being:
Working Group I – Micro, Small and Medium-sized Enterprises
7-11 October 2019, Vienna
23-27 March 2020, New York
Working Group II – Arbitration and Conciliation / Dispute Settlement
3-7 February 2020, New York
Working Group III – Investor-State Dispute Settlement Reform
14-18 October 2019, Vienna
20-24 January 2020, Vienna
30 March to 3 April 2020, New York
Working Group IV – Electronic Commerce
25-29 November 2019, Vienna
6-9 April 2020, New York
Working Group V – Insolvency Law
2-5 December 2019, Vienna
11-14 May 2020, New York
Working Group VI – Judicial Sale of Ships
18-22 November 2019, Vienna
20-24 April 2020, New York
At the date of this Newsletter, applications for the Vienna sessions are still open for WG VI (21 Oct), WG IV (28 Oct), and WG V (4 Nov).
Applications for the 2020 New York sessions will be due by January and March 2020, respectively, with a separate call to be circulated towards the end of this year. Early expressions of interest are always welcome.
Student applications must be submitted to the Convenor of the UNLAWS Scheme Dr Alan Davidson, Education Director of UNCCA. Dr Davidson is a Board member of UNCCA and has attended all Working Group IV sessions of UNCITRAL since 2014. Dr Davidson may be contacted: email@example.com or at 07 336 522 94.
EOIs for lead delegates must be submitted to the Chair of the relevant Expert Advisory Committee and/or to Dr Alan Davidson and Dr Dalma Demeter, Deputy Chair of UNCCA (available at firstname.lastname@example.org or at email@example.com).
In August 2019, the Attorney Generals Department has appointed the experts recommended by UNCCA as national correspondents to the UNCITRAL, to report on cases and developments in their respective fields to the CLOUT database.
The newly appointed National Correspondents are:
UNCCA congratulates the newly appointed National Correspondents.
UNCCA is grateful to the Honourable Clyde Croft AM for His Honour’s recent report on Working Group II’s efforts, the latest which concern the development of expedited arbitration procedures. His Honour’s report may be accessed in full below:
Update on UNCITRAL Working Group II - Justice Croft - September 2019
Hong Kong is calling!
LAWASIA’s 32nd Annual Conference will take place this November in Hong Kong. The Annual Conference is LAWASIA’s flagship event and the highlight of its professional events program. The Conference is a platform for the convergence of bar leaders, jurists, professional organisations and individual lawyers from across the Asia Pacific, and is designed to facilitate the discussion of regional developments in law, including such issues as judicial practice, legal education, cross border business and investment law and cross-border dispute resolution.
For a schedule of events, please visit: here.
For further information, including registration, please visit LAWASIA’s website: here.