STATEMENT
BY
H.E ZACHARY MUBURI-MUITA
PERMANENT REPRESENTATIVE
ON
AGENDA ITEM 81
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL)
AT THE
62ND SESSION OF THE UNITED NATIONS GENERAL ASSEMBLY
6TH COMMITTEE
MONDAY: 22ND OCTOBER 2007 - NEW YORK
Mr. Chairman,
Allow me also to express my delegation’s appreciation to UNCITRAL for the work it accomplished during its fortieth session held between June and July this year in Vienna, Austria. Our gratitude goes to the session’s chairman, Mr. Dobrosov Mitrovic of Serbia and the other members of the Commission’s bureau, for guiding the Commission through a very successful session.
We take note that the Commission was unable to conclude and adopt the draft UNCITRAL Legislative Guide on Secured Transactions and welcome the decision of the Commission to convene in December this year to finalise this subject.
My delegation commends the UNCITRAL Working Group dealing with updating Model Law on Procurement of Goods, Construction and Services to reflect new practices, in particular those resulting from the use of electronic communications in public procurement for the progress made so far in this regard. Kenya reaffirms its support for the review of the Model Law on Procurement.
Mr. Chairman,
My delegation takes note that UNCITRAL Arbitration Rules have not been amended since their adoption in 1979 and welcome the decision to review them for the purposes of modernizing the rules and promote greater efficiency in arbitral proceedings. In this regard, my delegation commends the Working Group for the progress made so far in respect of this subject and welcomes the careful consideration of the issue of arbitrability and online dispute resolution.
Mr. Chairman,
I would also wish to make reference to the work on the draft instrument on the carriage of goods by sea. My delegation notes with appreciation work done so far on difficult issues including those concerning transport documents, shipper’s liability for delay, time for suit, limitation of carriers’ liability, relationship of draft convention with other conventions and jurisdictional issues. We urge that substantive issues in the draft convention such as those dealing with freedom of contract in volume contracts require further examination prior to finalization of the draft convention. We hope the consideration of issues concerning transport law will be concluded by the end of this year to pave way for finalization of the draft convention by the Commission by early next year.
Mr. Chairman,
My delegation acknowledges that there are concerns with some components of the topic of Insolvency Law, in particular substantive consolidation and its effect on the separate identity of individual members of a corporate group and requests the Working Group on this topic to consider those issues. With regard to cross-border insolvency, we urge the Commission to intensify informal consultations with judges and insolvency practitioners with a view to facilitating cross-border cooperation in insolvency cases.
Mr. Chairman,
My delegation appreciates the work done so far on the emerging issues touching on the Convention on the Use of Electronic Communications in International Contracts in particular cross-border recognition of electronic signatures, cyber crime and commercial fraud.
We commend the Secretariat of the Commission for its intensified dialogue with organizations in the area of international trade law, especially UNIDROIT, Hague Conference on Private International Law, Common Market of East and Southern Africa (COME SA), World Bank and IMF.
Mr. Chairman,
My delegation supports the proposal to undertake a comprehensive review of the working methods of the Commission, especially as regards the rules of procedure and the participation of NGOs, as is the practice with other subsidiary organs of the General Assembly.
I thank you.
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