UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW TO HOLD TWENTY-NINTH SESSION IN NEW YORK, 28 MAY - 14 JUNE
Press Release
L/TR/228
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW TO HOLD TWENTY-NINTH SESSION IN NEW YORK, 28 MAY - 14 JUNE
19960528 Background Release To Consider Draft Model Law on Electronic Data Interchange(Reproduced as received from UN Information Service.)
VIENNA, 24 May -- The adoption of a set of rules, in the form of a "model law", on legal aspects of electronic data interchange in international trade practices is expected to be the main outcome of the twenty-ninth session of the United Nations Commission on International Trade Law (UNCITRAL), which begins a two-week session in New York on 28 May.
The proposed model law is designed to assist States in modernizing legislation to accommodate the increasing use of electronic data interchange in the implementation of commercial transactions. The rules contained in the model law have been in preparation since 1992 in an effort to eliminate legal obstacles to the wider use of electronic data interchange in trade transactions. Existing laws tend to govern only "paper-based" commerce which relies on signatures and original hard copies of documents. Those laws either prevent the use of electronic interchange or leave transaction conducted electronically in a state of legal uncertainty. The new model law is expected to remedy that situation.
Since international commerce is operating in the context of rapidly advancing technology and increasing use of computers in transmitting trade messages, the Commission, as part of its future work, will continue to focus on new developments in an effort to find universally acceptable ways to fill existing legal gaps, fulfil traditional legal requirements in the world of modern electronic communications and provide adequate safeguards for that new area of trade law.
The Commission will also continue its work, which it began in 1993, on reviewing amendments to the draft notes on organizing arbitral proceedings. The draft notes serve as a non-binding aide-memoire to help assist practitioners to organize and arrange arbitration proceedings. The preparation of the draft is part of ongoing work to create a more transparent, harmonious and enforceable system for settling international trade disputes. In addition,
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the Commission will review its training and technical assistance activities which focus on assisting governments in preparing and implementing commercial legislation.
In addition, the Commission will consider the reports of its working groups which are preparing legal instruments dealing with cross-border insolvency and receivables financing.
The Commission on International Trade Law was established by the General Assembly in 1966 in response to the need for the United Nations to play a more active role in removing or reducing legal obstacles to the flow of international trade. It is mandated to promote the progressive harmonization and unification of the law of international trade, including coordination of the work of international organizations active in trade law matters, promotion of wider participation in existing international conventions and the preparation of new conventions and other instruments in the field.
The 36-nation body, whose members represent the various geographical regions and the principal economic and legal systems of the world, has directed its attention over the years principally to the study and preparation of uniform rules in such fields as the international sale of goods, international payments, international commercial arbitration and international shipping law. Although the secretariat is based in Vienna, the Commission and its working groups alternate their annual sessions and meetings between Vienna and New York.
Membership
The Commission is composed of the following Member States: Algeria, Argentina, Australia, Austria, Botswana, Brazil, Bulgaria, Cameroon, Chile, China, Ecuador, Egypt, Finland, France, Germany, Hungary, India, Iran, Italy, Japan, Kenya, Mexico, Nigeria, Poland, Russian Federation, Saudi Arabia, Singapore, Slovakia, Spain, Sudan, Thailand, Uganda, United Kingdom, United Republic of Tanzania, United States and Uruguay.
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