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Professor Xiao Yongping, Director of the Institute of International Law, Led a Delegation to the 52nd session of the United Nations Commission on International Trade Law as Observer
发布者: 发布时间:2019-07-28 02:47阅读:

On May 3, 2019, the United Nations Commission on International Trade Law (UNCITRAL) invited the Institute of International Law of Wuhan University, a national high-top think-tank, to participate in the 52nd session of the Commission as an independent observer. UNCITRAL plays an important role in developing that framework in pursuance of its mandate to further the progressive harmonization and modernization of the law of international trade by preparing and promoting the use and adoption of legislative and non-legislative instruments in a number of key areas of commercial law. Since the observers of UNCITRAL are mostly global or regional international organizations and it is much difficult for university-affiliated research institutions to participate, the Institute of International Law cherishes this opportunity. Director Prof. Xiao Yongping initiated the relevant research on the relevant topics of the conference amongst staff of the Institute of International Law and Law School of Wuhan University. Prof. Xiao Yongping, Prof. Qi Tong, Prof. Li Xueping, Prof. Yu Shuhong and Associate Prof. Liang Wenwen formed the first delegation with respective focuses on mediation rules, investors and host countries dispute resolution reform, e-commerce, small and medium-sized enterprises and law of secured transactions, etc., desiring to reflect China's mainstream views and interests in the fields, and assisting UNCITRAL in formulating their legal texts.

From July 8 to 19, 2019, members of the delegation participated in all sections of the 52nd Session of UNCITRAL: in the review of the Model Legislative Provisions on Public-Private Partnerships with an Accompanying Legislative Guide, draft Practice Guide to the UNCITRAL Model Law on Secured Transactions, draft Model Law on Enterprise Group Insolvency, Directors' and officers' Responsibilities and Liabilities in Insolvency and Pre-Insolvency Cases, Draft UNCITRAL Mediation Rules, etc. They listened to the work reports of the six UNCITRAL working groups, the future work topics and their meeting agendas, discussed the proposals submitted by the Israeli and Japanese delegations, the US delegation, the EU delegation and the Chinese delegation on the future work of UNCITRAL.

During the discussion of the conference, Prof. Xiao commented on whether to follow the wording of Article 1(5) of the Draft UNCITRAL Mediation Rules, Prof. Qi questioned on the wording of the Article 1 (3) of the Draft UNCITRAL Mediation Rules and the choice of mediation by the parties, Prof. Li expressed her viewpoints and suggestions on the labor standards in the Public-private partnerships PPPs: Proposed Updates to the UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects (revised chapter VII), Associate Prof. Liang commented on the law applicable to the priority and enforcement of security interests. These statements and expressions were respectively echoed, accounted for, or adopted by the Secretariat of UNCITRAL and are recorded in the addendum to the final report of this 52th Session.

After a thorough involvement in this Session, we become familiar with the working models, methods and features of UNCITRAL, informed of the latest texts in the field of international trade law, and learned in the main issues of UNCITRAL's future work plan, such as the systematization of commercial mediation law,(including the integration of the Singapore Convention, UNCITRAL Model Law, UNCITRAL Rules, and the UNCITRAL Practice Guide), the reform of investor and host country dispute settlement mechanisms, the legal issues of bankruptcy of small and medium-sized enterprises, the application of laws for cross-border insolvency, legal issues in the digital economy, dispute resolution in high-tech fields, model law on warehouse receipts, issues of treating railway waybills as property certificates, etc. Meanwhile we have strengthened exchanges with UNCITRAL Secretariat staff and other international organizations (such as the World Bank, UNIDROIT, Permanent Court of Arbitration, Institute of International Law (Washington), etc.), and visited UNCITRAL Library and China International Economic and Trade Arbitration European Office. All has laid a good foundation for the in-depth participation of Wuhan University in UNCITRAL rule-making.