UNCITRAL

The United Nations Commission on International Trade Law (UNCITRAL) is the core legal body within the United Nations (UN) to harmonize and unify international trade law. It therefore coordinates the work of organizations active in this field and encourages cooperation across borders in the first place.

Secondly, UNCITRAL promotes acceptance of existing as well as new international conventions or model and uniform laws.
As a close advisor to the UN, ICC is presently working with the UNCITRAL working groups (WG) in four areas of expertise:

• Electronic Commerce (UNCITRAL WG IV)
• Arbitration and Conciliation (UNCITRAL WG II)
• Transport Law (UNCITRAL WG III)
• Procurement (UNCITRAL WG I)

Electronic Commerce
Recently, ICC has been following the UNCITRAL efforts to regulate companies' use of data messages (e.g. electronic contracting via email). Observing the sessions of UNICITRAL WG IV and providing “ICC E-Terms 2004" as well as the “ICC Guide to Electronic Contracting ", ICC helped to develop the “international draft convention on the Legal Aspects of Electronic Commerce" and offered business expertise.

Additionally, ICC worked closely with UNCITRAL on the “UNCITRAL Model Law on Electronic Signatures" and the “UNCITRAL Model Law on Electronic Commerce ". The projects allow for legal certainty regarding the use of electronic signatures and utilization of modern means of communications as well as the storage of information.

ICC Policy Statements in the field of Electronic Commerce

• Global Action Plan for Electronic Business, Third Edition (.pdf - 83 pages), Commission on E-Business, IT and Telecoms, July 2002.
• Report on Draft UNCITRAL Convention on Electronic Contracting (.html), Commission on E-Business, IT and Telecoms, 5 December 2001.
• Trade-Related Aspects of Electronic Commerce and Telecommunications (.html), Commission on E-Business, IT and Telecoms, 6 June 2001, French Version.
• Jurisdiction and Applicable Law in Electronic Commerce, Electronic Commerce Project (ECP)'s Ad hoc Task Force (.html), Commission on E-Business, IT and Telecoms, 6 June 2001, French Version.
• Global Action Plan for Electronic Commerce, Second Edition (.doc - 88 pages), Commission on E-Business, IT and Telecoms, October 1999, Word document - please allow 5-10min for this document to download.
• International Business Comments on the proposed EU Directive on certain Legal Aspects of Electronic Commerce (.html), Commission on E-Business, IT and Telecoms, 27 July 1999.
• Principles for an Electronic Commerce-friendly Domain Name System (.html), Commission on E-Business, IT and Telecoms, 28 July 1998.

Arbitration and Conciliation
Longstanding ICC experience in administering international arbitration has led parties such as UNCITRAL, to seek its assistance in selecting arbitrators for cases not conducted under the “ICC Rules of Arbitration". Since 1982, ICC has had rules setting out a procedure for the appointment, challenge and replacement of arbitrators conducted under the rules of arbitration of UNCITRAL. Furthermore, the ICC Commission on Arbitration attends and observes the sessions of UNCITRAL WG II. From 2000 to present, the aim of WG II has been to discuss the desirability and feasibility of further improvement of the laws, rules and practices of international commercial arbitration.

ICC Policy Statements in the field of Arbitration and Conciliation
No Policy Statements / Position Papers available.

Transport Law
With its committees on both, Maritime and Air Transport, the ICC Commission on Transport and Logistics acts as an advisor to UNCITRAL WG III in the field of transport law. The work programme goes in line with the UNCITRAL efforts in the domain of E-Commerce. It is considered as a review of current practices and laws in the area of the international carriage of goods by sea, with a view to establishing the need for uniform rules where no such rules existed and with a view to achieving greater uniformity of laws.

ICC Policy Statements in the field of Transport Law

• The need for investment in port and freight transportation infrastructure (.html), Committee on Maritime Transport, 24 May 2005.
• The liberalization of rail transport in Europe (.html), Cargo Coordinating Forum, 7 December 2000,French Version.
• The need for greater liberalization of international air transport (.html), Commission on Air Transport, 7 December 2000,French Version.
• Transport and sustainable development (.html), Cargo Coordinating Forum, 17 June 1999,French Version.
• Convergence of competition law and policy in the field of air transport with special reference to the EU-US context (.html), Commission on Air Transport, 16 July 1997,French Version.

Procurement
The ICC Commission on Trade and Investment Policy serves as an advisor to UNCITRAL WG I to update the 1994 “UNCITRAL Model Law on Procurement of Goods, Construction and Services". The review was decided in 2004 as a result from the experience gained in the use of the Model Law as a basis for law reform in general, and the increased use of electronic communications in public procurement in particular. ICC provided its “ICC E-Terms 2004 " as a major input to UNCITRAL WG I.

ICC Policy Statements in the field of Procurement

• ICC recommendations for WTO negotiations on transparency in government procurement (.html), Commission on Trade and Investment Policy, 9 June 2004,French Version.
• ICC Comments on UNCITRAL Model Law on Procurement (.pdf)