Remarks at a Meeting of the Sixth Committee on Agenda Item 75: Report of the United Nations Commission on International Trade Law

David Bigge
Attorney Adviser
New York, New York
October 17, 2022


Thank you, Mr. Chairman.

The United States welcomes the Report of the 55th session of the United Nations Commission on International Trade Law and commends the efforts of UNCITRAL’s Member States, observers, and Secretariat in continuing to promote the development and harmonization of international commercial law.

We welcomed the return to regular meetings this year, including a very productive Commission session at which UNCITRAL finalized and approved the draft convention on the international effects of judicial sales of ships. This convention, if adopted, will enhance legal certainty and transparency in international shipping through the use of uniform rules that promote the dissemination of information on prospective judicial sales to interested parties, and give international effect to judicial sales providing clean title to the purchaser. We are grateful for the excellent support of the Secretariat, as well as for the constructive engagement of UNCITRAL members and observers, that allowed this convention to be completed in a timely manner despite the significant challenges of multiple hybrid negotiating sessions during COVID.

UNCITRAL also adopted the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services and recommendations to assist mediation centres under the UNCITRAL Mediation Rules. The Model Law seeks to overcome the obstacles to broader use of identity management and trust services by developing uniform legal rules that can improve efficiency in recognition, lower transaction costs, increase legal predictability, and increase global digital compatibility. Meanwhile, the recommendations to assist mediation centres should serve to complement and support the use of the legal framework on international mediation already developed by UNCITRAL.

We look forward to the initiation of a new normative project on negotiable multi-modal transport documents later this year, and to continued progress on the joint UNCITRAL-UNIDROIT project on warehouse receipts, which we hope can be assigned to a working group in the near future. We also look forward to continuing the productive work this coming year in Working Groups with on-going projects, including the expected completion of the Code of Conduct and its commentary by Working Group III, and the development of guidance by

Working Group II on early dismissal and preliminary determination in international arbitration. Finally, we welcome the proposed colloquium, in close coordination with climate experts and other key private international law institutions, on the topic of climate change mitigation, adaption and resilience in the coming year.

We look forward to continuing our productive engagement with UNCITRAL this year and hope that UNCITRAL can maintain and improve upon its ability to develop and promote effective, usable instruments supporting stable and predictable legal outcomes for citizens and businesses of our country, and the world.

Thank you, Mr. Chairman.