United Nations 51st session on UNCITRAL
As stated by the UNCITRAL Report on the 51st session, under the chairmanship of Professor Dr. Beate Czerwenka Germany, UNCITRAL started the first week of its session with the finalization of a draft convention on mediation and adoption of a corresponding Model Law. Mediation is, truly, becoming important in a number of jurisdictions where it constitutes a credible alternative to litigation, encouraged by the courts, or even a mandatory forum of settling certain types of diputes. In his opening speech on 25 June, the Legal Counsel focused his attention on the rich and diverse topics on the agenda of the current session. He manifest the aspiration that, once adopted, the Convention on Mediation will become the corner stone of the international mediation framework and have the same success as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958, New York Convention).
Having concluded the texts on mediation, the Commission took up its work on micro, small and medium-sized enterprises (MSMEs) adopting a legislative guide on key principles of a business registry. This guide is the first chapter of a larger and more ambitious project aimed at developing texts to promote an enabling legal environment for the operation of MSMEs.
Mr. Serpa Soares, on June 28 2018, also delivered a discourse at the occasion of UNCITRL’s celebration of the 60th anniversary of the New York Convention. This event providend an opportunity for delegations to interact with panellists to discuss the contribution of UNCITRAL’s mandate to the successful development of the international arbitration framework, with the New York Convention as the fundational instrument. The celebration was attended by delegates and around 300 invitees. The Legal Counsel later welcomed all participants at a cocktail reception hosted at the US District Court for the Southen District of New York.
At the beginning of the second week of its session, the Commission adopted the UNCITRAL Model Law on Recognition and Enforcement of Incolvency-Related Judgments and Guide to Enactment. This text complements the UNCITRAL Model Law on Cross-Border Insolvency, and will further facilitate the conduct of cross-border insolvency proceedings.