Working Group VI Update

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

Report on the Singapore Convention

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

Call for EOI to Attend UNCITRAL Working Group Sessions

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 

 

Application Deadline  

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: a.davidson@law.uq.edu.au 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 office@dalmademeter.com or at info@uncca.org).   

 

Newly Appointed CLOUT National Correspondents

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: 

 

Arbitration:  

  • Albert Monichino Q.C. (Barrister, Chartered Arbitrator and MediatorOwen Dixon Chambers Melbourne) 
  • Dr Luke Nottage (Professor of Comparative and Transnational Business LawCo-Director, Australian Network for Japanese Law (ANJeL)Sydney Law School, University of Sydney)

CISG:  

  • Dr Lisa Spagnolo (Senior Lecturer Faculty of Law Monash University, UNCCA Director) 

e-Commerce: 

  • Dr Alan Davidson (Senior LecturerSolicitor and Barrister, UNCCA Director) 

Insolvency: 

  • Stewart Maiden QC (Barrister, Owen Dixon Chambers West Melbourne) 

 

UNCCA congratulates the newly appointed National Correspondents.

32nd LAWASIA Conference (5-8 November 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.

UN Day Lecture 2019: 25 Years of Cross-Border Insolvency Law Reform

We are glad to announce the return of another year of UNCCA’s UN Day Lectures.

Brisbane and Hobart will host UN Day Lectures on 23 October this year. The remaining Australian cities will host their own UN Day Lecture on 24 October: Adelaide, Canberra, Darwin, Melbourne, Perth, and Sydney.

All lectures are scheduled for 5pm starts and 6:15pm finishes.

Registration is required, with a fee for non-members of $25 and students of $5. There is no charge for members of UNCCA, ARITA, the Judiciary, court staff or the APS.

For 23 October UN Day Lectures (Brisbane and Hobart), please register here: https://www.eventbrite.com.au/e/un-day-2019-25-years-of-cross-border-insolvency-law-reform-1994-2019-tickets-73763660093?aff=ebapi.

For 24 October UN Day Lectures (all other cities), please register here: https://www.eventbrite.com.au/e/un-day-2019-25-years-of-cross-border-insolvency-law-reform-1994-2019-tickets-72884634905.

Please see the following fliers for further details. Please utilise the “scroll pages” option (bottom left of PDF viewer) to arrive at relevant information for your respective city.

UN_Day_Flyer_2019

 

 

 

Working Group III Update

ISDS UN Convention

The Commonwealth Parliamentary Joint Standing Committee on Treaties (JSCOT) is examining the United Nations Conventions on Transparency in Treaty-based Investor-State Arbitration. The text of the treaty can be accessed here:  https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/ISDSUNConvention/Treaty_being_considered. The Committee invited submissions, and the contribution of Dr Luke Nottage in support of ratification of the treaty can be accessed here: https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/ISDSUNConvention/Submissions The Attorney-General’s Department consulted with the Australian Centre for International Commercial Arbitration (ACICA), the Australian chapter of the International Chamber of Commerce and the Minerals Council of Australia and these organisations also supported Australia ratifying the Convention. JSCOT will hold a public hearing in relation to this inquiry in Canberra on 16 September 2019. 
 

International commercial arbitration symposium, 15 November 2019

The University of Sydney will host a symposium on 15 November 2019, focussed upon recent challenges for international commercial arbitration (ICA), and which will also explore the approach in various jurisdictions to investor-state dispute settlement (ISDS).  A host of eminent speakers will be contributing to the discussion, among them being the Hon Dr Clyde Croft AM SC of the Supreme Court of Victoria and the Hon Roger Gyles AO QC, ABA rapporteur and formerly of the Federal Court of Australia.  You can register for the symposium using the following link: http://sydney.edu.au/news/law/457.html?eventid=11981
 

SIAC India Summit 2019

On 30 August 2019, the Singapore International Arbitration Centre held a two day summit in New Delhi addressing Modern Trends and Perspectives on Investor-State Dispute Settlement and International Commercial Arbitration.   The Opening Address was delivered by Mr K Shanmugam, the Sinaporean Minister for Home Affairs and Minister for Law and can be accessed here: https://www.mlaw.gov.sg/content/minlaw/en/news/speeches/Opening-Address-by-Minister-Shanmugam-for-SIAC-Investment-arbitration-conference.html

8th Asia Pacific ADR Conference

The United Nations Commission on International Trade Law Regional Centre for Asia and the Pacific (UNCITRAL RCAP) is pleased to invite you to the 8th Asia Pacific ADR Conference (Conference) on 20 September 2019 in Seoul, Republic of Korea, co-organized with the Korean Commercial Arbitration Board International (KCAB INTERNATIONAL), the Ministry of Justice of the Republic of Korea (MOJ), the International Chamber of Commerce (ICC) and the Seoul International Dispute Resolution Center (Seoul IDRC).

Titled, “Ensuring Legitimacy, Delivering Efficiency: Procedural Trends and Potential Reforms in Dispute Resolution,” this year’s conference will highlight important aspects of the need for balance between ensuring legitimacy and delivering efficiency in international dispute resolution, aiming to provide a holistic insight into ADR today. UNCITRAL Secretary Anna Joubin-Bret will be speaking on current issues in investment arbitration.

Please see below for the conference flyer with event and registration details.

 

Flyer