11 October 2010
Statement by The Delegation of the Islamic Republic of Iran
before the Sixth Committee on Agenda item 77:
“Report of the United Nations Commission on International Trade Law
on the work of its forty-third session”
New York, 11 October 2010
In the name of God, the Compassionate, the Merciful
My Delegation would like to begin by congratulating the United Nations Commission on International Trade Law (UNCITRAL) on its successful work in the forty-third session which was held from 21 June through 9 July 2010 in New York. We appreciate the valuable efforts of the members of the bureau of the 43rd session as well as the Secretariat in well organizing the event.
The Islamic Republic of Iran attaches great importance to the work of the United Nations Commission on International Trade Law, as the core legal body within the United Nations system in the field of international trade law with a mandate to further the progressive harmonization and unification of the law of international trade, bearing in mind the interests of all peoples, in particular those of developing countries, in fostering international trade.
The report of the Commission on its forty-third session contained in document A/65/17 provides an overview of the works done by the Commission in the past year and the ongoing projects and topics under discussion in different Working Groups.
My delegation regards the finalization and adoption of a revised version of the UNCITRAL Arbitration Rules as one of the important achievements of the Commission. Based on the mandate given to it by the Commission at its thirty-ninth session, in 2006, the Working Group II (Arbitration and Conciliation) managed to revise the UNCITRAL Arbitration Rules. The Revised rules should be read, as was instructed by the Commission, in a manner that would not alter the structure or the spirit of the original 1976 Arbitration Rules or their flexible character.
Concerning the future work in the field of settlement of commercial disputes, my delegation believes that the adoption of new topics should be in line with the character and function of the institution of arbitration. Moreover, such decisions should be taken within the mandate, and with due consideration for the nature and role, of the Commission. My delegation submits that the topic of transparency in treaty-based investor-State arbitration needs to be further examined, taking into account the mandate and nature of the Commission. We fully concur with the prevailing view in the Commission that it is too premature to make any decision on the form and scope of a future instrument on treaty-based arbitration.
My delegation takes note with appreciation the finalization and adoption of a draft supplement to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property as well as the adoption of part three of the UNCITRAL Legislative Guide on Insolvency Law on the treatment of enterprise groups in insolvency. We commend the Working Group VI (Security Interests) and the Working Group V (Insolvency Law), respectively, for the work they have undertaken.
The adoption of new rules and legislative guides is, for sure, necessary to keep up with the latest developments in technologies which affect, in one way or another, the international trade. And in that sense, the Commission has proved to be able to do such a remarkable job. However, this should not be an end in itself. The new rules and guides need to be aptly applied in diverse jurisdictions, including in developing countries. The fact that many developing States are not able to constantly participate in the Commission’s meetings and events makes it even more crucial for the UNCITRAL to reach out to such countries in order to familiarize their relevant institutions with the work of the Commission and to enable developing countries to benefit the advanced mechanisms for promoting their international trade.
My delegation recognizes the importance of the initiatives taken by the UNCITRAL to provide technical assistance to developing countries, and calls upon the Commission and its Secretariat to continue efforts in this regard. Particular attention should be made to the needs of developing countries with a view to upgrading their national legal capacities so that they would be bale to benefit from the advances in communication technologies to foster trade and commercial transactions.
As regards the “Working methods of the UNCITRAL”, it is imperative to find ways to ensure more effective participation of the developing countries in the working groups and in overall process of harmonization and unification of international trade law. The UNCITRAL and its Secretariat are encouraged to reflect on practical ways to facilitate the participation of the representatives of all legal systems in its activities. Furthermore, in preparation of notes and documents to be discussed and evaluated by the Commission and its working groups, relevant legislations as well as pertinent practices of the developing countries should be duly taken into consideration.
I thank you, Madam Chairperson.