Draft text of model legislative provision on written form for the arbitration agreement, revising article 7 of the UNCITRAL Model Law on International Commercial Arbitration

B. Consideration of the draft Model Legislative Provisions 25 225 7

Remarks on the draft text of model legislative provision on written form for the arbitration agreement, revising article 7 of the UNCITRAL Model Law on International Commercial Arbitration

Draft Model Agreements or Arrangements

1. Draft Model Legislative Provisions 12 22 5

The Colloquium considered the draft Model Provisions as they were prepared by the Working Group.

At its 2nd to 4th meetings, the expert group reviewed and amended the draft model bilateral agreement.

The Working Group decided that it would be appropriate to consider the text of the Guide to Enactment and any draft regulations once the draft text of the Model Law, as revised, had been considered.

She expressed the hope that the draft resolution would be adopted by consensus.

The proposed draft article on the scope of the draft convention reads as follows

4. She expressed the hope that the two draft resolutions would be adopted by consensus.

He expressed the hope that both draft resolutions would be adopted by consensus.

With regard to conciliation, the Commission requested the Working Group to proceed with the examination of the draft model legislative provisions on a priority basis, with a view to the instrument being presented in the form of a draft model law for review and adoption by the Commission at its thirty fifth session, in 2002.

With regard to conciliation, the Commission requested the Working Group to proceed with the examination of the draft model legislative provisions on a priority basis, with a view to the instrument being presented in the form of a draft model law for review and adoption by the Commission at its thirty fifth session, in 2002.

Draft resolution VI Observance of environmental norms in the drafting and implementation of agreements on disarmament and arms control

The draft below is presented as a draft article for the Model Law, but the text could equally take the form of draft regulations.

Accordingly, the Working Group may wish to consider the following draft text for inclusion in the Model Law

The draft below is presented as a draft article for the Model Law, but some of the text could equally take the form of draft regulations.

Further, it was observed that the word agreement in draft article 75 bis covered both express and implied agreement.

At its thirty fifth session (Vienna, 19 30 November 2001), the Working Group considered draft model legislative provisions on conciliation (on the basis of documents A CN.9 WG.II WP.115 and A CN.9 WG.II WP.116) and approved the final version of the draft provisions in the form of a draft model law on international commercial conciliation.

There would be no inconsistency between the draft convention and the Model Law.

After the presentations by representatives, the Chairman invited the expert group to consider and discuss the draft model bilateral agreement submitted by the United States.

Proposed draft text for the revised Model Procurement Law to accommodate the use of electronic communications during the procurement process

Drafting Committee (consultations on draft resolutions)

General support was expressed for this suggested technique for the inclusion of OLSAs into the scope of application scheme for the draft instrument under consideration by the Working Group.

The first draft of a digest of case law relating to the Model Law on International Commercial Arbitration had been discussed at the meeting of national correspondents held in conjunction with the thirty eighth session.

As regards international cooperation, UNODC finalized the Model Law on Extradition (http www.unodc.org pdf model_law_extradition.pdf) and started work on a draft model law on mutual legal assistance.

II. DRAFT UNCITRAL MODEL LEGISLATIVE PROVISIONS ON CROSS BORDER INSOLVENCY 14 184 5

II. DRAFT UNCITRAL MODEL LEGISLATIVE PROVISIONS ON CROSS BORDER INSOLVENCY 12 225 5

II. DRAFT UNCITRAL MODEL LEGISLATIVE PROVISIONS ON CROSS BORDER INSOLVENCY 17 200 6

At its thirty fifth session (Vienna, 19 30 November 2001), the Working Group considered draft model legislative provisions on conciliation (on the basis of documents A CN.9 WG.II WP.115 and A CN.9 WG.II WP.116) and approved the final version of the draft provisions in the form of a draft model law on international commercial conciliation.

The draft below is presented as a draft article for the Model Law, but the text sub paragraphs (n)(i) to (n)(ix) could be presented as draft regulations, such that the obligation under the Model Law is to provide all information necessary to enable the supplier or contractor to participate in the auction.

Draft provisions addressing the conduct of electronic reverse auctions under the Model Law proposed new article 47 bis and ter

3. Consideration of newly revised articles of the draft UNCITRAL Model Legislative Provisions on Cross Border Insolvency.

The Working Group considered the relationship between article 16 and the other provisions of chapter III of the draft Model Provisions.

ANNEX Draft articles of the UNCITRAL Model Legislative Provisions on Cross Border Insolvency 41 INTRODUCTION

(b) The drafting of model legislation or agreements on international cooperation in criminal matters, alternative or complementary articles for existing model treaties and articles for possible model multilateral instruments.

UNDCP will also assist with the development and launching of two model programmes.

That part of the meeting would also include a discussion on the drafting of model legislation or agreements on extradition, alternative or complementary articles of the Model Treaty on Extradition (General Assembly resolution 45 116, annex, of 14 December 1990) and articles for possible model multilateral instruments.

The Facilitator of the draft resolution, Ms. Husniyya Mammadova (Azerbaijan), orally corrected the draft resolution.

Accordingly, the Committee recommends that the Secretary General prepare a draft model memorandum of understanding, taking into account the recommendations of the Special Committee in the present report, the recommendations of the adviser to the Secretary General and General Assembly resolution 59 287, and submit a revised draft model memorandum of understanding to the Special Committee for its consideration at the next session.

A CN.9 XXX CRP.9 Draft prepared by the Secretariat adoption of the UNCITRAL Model Legislative Provisions and recommendation

Another proposal was made to add to chapter I of the draft Model Provisions an article to the effect that nothing in the Model Provisions limited the power of the court to provide greater assistance to a foreign representative under any other laws of the enacting State.

On that basis, a suggestion was made that, after completing the work on the draft Model Provisions, the Commission should consider the desirability and feasibility of preparing model treaty provisions or a draft treaty on judicial cooperation in cross border insolvency. (The deliberations of the Commission on that suggestion are reflected below in paragraphs 223 and 224.) 3. Consideration of draft articles

In response it was proposed to retain the current text of article 1, as some States might find it useful to provide such explanation of the scope of the draft Model Provisions.