UNCITRAL - INTERNATIONAL

News: Reforms to align Indian laws with UNCITRAL Model Law ongoing: Senior Advocate Gourab Banerji

 

What's in the news?

       During a recent lecture at Queen Mary University of London, Senior Advocate Gourab Banerji highlighted the divergent approaches adopted by India and the United Kingdom (UK) with regard to the United Nations Commission on International Trade Law (UNCITRAL) Model Law on international commercial arbitration.

 

United Nations Commission on International Trade Law (UNCITRAL):

       It was established by the UN General Assembly in 1966 to promote the progressive harmonisation and unification of international trade law.

       It is the core legal body of the United Nations system in the field of international trade law.

 

Objective:

       It also aims to modernize and harmonize rules on international business.

       It provides a legislative framework that can be adopted by countries with modifications to suit the domestic context of the enacting jurisdiction.

       It allows foreign professionals and creditors direct access to domestic courts and enables them to participate in and commence domestic insolvency proceedings.

       It allows recognition of foreign proceedings and enables courts to determine relief accordingly.

 

Members:

       The Commission comprises 60 member States elected by the United Nations General Assembly for a term of six years. Membership is structured to ensure representation of the world’s various geographic regions and its principal economic and legal systems.

 

India and UNCITRAL:

       India is a founding member of UNCITRAL.

       India is only one of eight countries which have been a member of UNCITRAL since its inception.

       Last time, it was re-elected for a term of six years (2016-2022).