STATEMENT BY MRS. NATALIE Y. MORRIS-SHARMA, COUNSELLOR (LEGAL), PERMANENT MISSION OF SINGAPORE TO THE UNITED NATIONS, ON AGENDA ITEM 76, ON THE REPORT OF THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW ON THE WORK OF ITS FORTY-NINTH SESSION, SIXTH COMMITTEE, 10 OCTOBER 2016

1.       Mr. Chairman, my delegation would like to thank the Chairman of the United Nations Commission on International Trade Law (“UNCITRAL”) and the UNCITRAL Secretariat for the report on the 49th Session of the Commission.  My delegation also thanks the Chairman of the 49^th Session, Mr. Gaston Kenfack Douajni from Cameroon, for his stewardship of the Session.  My statement will focus on three main areas: (i) UNCITRAL’s 50^th Anniversary and Congress; (ii) UNCITRAL’s work at the 49^th Session of the Commission; and (iii) UNCITRAL’s cooperation and coordination efforts.

UNCITRAL’s 50^th Anniversary and Congress

2.       Mr. Chairman, UNCITRAL’s 50^th Anniversary and Congress will take place next year.  We note that the Commission had recalled the objectives of the Congress as being to discuss technical issues and to raise awareness of UNCITRAL and its potential to support cross-border commerce.  We also see the Congress as an opportunity to reflect on UNCITRAL’s past work, and explore possible future areas of work.  My delegation notes the illustrative list of new areas of research and potential legislative activity for UNCITRAL that has been proposed by consulted stakeholders.  We wish to echo the concerns that were expressed over the potential sensitivities over some of the possible topics, and we trust that the UNCITRAL Secretariat will proceed carefully.  We look forward to UNCITRAL delegations being regularly updated on and, where appropriate, consulted in the preparations for the Congress. 

UNCITRAL’s work at the 49^th Session of the Commission

3.       In respect of UNCITRAL’s work at the 49^th Session of the Commission, we note that UNCITRAL has completed its work on a number of projects this year.  The work over the past year led to the Commission’s finalisation and adoption, at its 49^th session, of the Technical Notes on Online Dispute Resolution.  Further, we welcome the Commission’s finalisation and adoption, at the same session, of the Notes on Organising Arbitral Proceedings and the Model Law on Secured Transactions.    

4.       Singapore is pleased to have been able to contribute to the completion of the work of Working Group III on Online Dispute Resolution.  My delegation also welcomes the opportunity we had to actively participate in the work of Working Group II on Dispute Resolution and Working Group V on Insolvency Law.  We support the decision to give priority to the current work of Working Group II, and look forward to the completion of its work on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation.  For Working Group V, we are encouraged by the progress made on the draft model law on recognition and enforcement of insolvency-related judgments, and support the steps taken to ensure coordination between this work and the work of the Hague Conference on Private International Law. 

5.       My delegation looks forward to Working Group VI’s completion of its work on a guide to enactment for the Model Law on Secured Transactions.  We welcome the Commission’s indication that, should Working Group VI complete its work in less than two sessions, any time remaining should be used to discuss its future work.  My delegation is also comfortable with the Commission’s decision to reallocate to other Working Groups the meeting time freed up by Working Group III’s completion of its work.  In previous years, my delegation expressed the view that optimising the use of UNCITRAL’s scarce resources was imperative.  In that regard, we welcome these developments as they demonstrate the Commission’s laudable commitment to ensuring that UNCITRAL’s finite resources are efficiently employed. 

UNCITRAL’s cooperation and coordination efforts

6.       My delegation further congratulates UNCITRAL for its cooperation and coordination efforts.  UNCITRAL’s efforts, in this respect, better enable us to avoid the duplication of efforts, promote consistency between and amongst the various international law instruments, and promote technical assistance and training activities.  We agree with the sentiment expressed at the Commission session that, in respect of cooperation with external organisations, objective criteria might need to be established.  This would better enable UNCITRAL to preserve, amongst others, its neutrality.  Although the sentiment was expressed in the context of cooperation to promote the 2016 UNCITRAL Notes on Organising Arbitral Proceedings and arbitration in general, my delegation is of the view that it would also be relevant to the efforts of the Secretariat, in general, in coordinating and cooperating with a number of organisations active in areas relevant to UNCITRAL’s work.

Concluding remarks

7.       Mr. Chairman, UNCITRAL has a valued mission to progressively harmonise and unify trade law.  We would like to thank the Secretary and the officers and staff of the UNCITRAL Secretariat for the work that they have done throughout the past year, which work is integral to UNCITRAL being able to achieve its mission.  In addition to the substantive preparations for various meetings, UNCITRAL undertakes important work in the promotion of UNCITRAL legal texts, as well as of ways and means of ensuring a uniform interpretation and application of UNCITRAL legal texts.  The Secretariat’s work deserves our especial appreciation. 

8.       Singapore is a strong supporter of UNCITRAL.  We actively promote the harmonisation of trade laws on the basis of UNCITRAL instruments.  Over the past year, representatives from Singapore participated actively in UNCITRAL’s Working Groups, including as Chairs of Working Group II and Working Group III.  We also participated in events co-organised by UNCITRAL to share our experiences and learn from others.  My delegation would like to express our continued readiness to support UNCITRAL in its work.  We look forward to continuing our good working relationship with the UNCITRAL Secretariat in the continued harmonisation and modernisation of trade law, particularly in our region.

9.       Thank you, Mr. Chairman.

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