[Random-bits] UNCITRAL Working Group on Abritration

[James Love]

More of USG push for ADR in ecommerce.  Jamie

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FEDERAL REGISTER - Vol. 65, No. 207
DEPARTMENT OF STATE
[Public Notice No. 3444]
Uncitral Working Group On Arbitration: Possible New Uniform Rules On
Written Form for Arbitration Agreement, Interim Measures of Protection,
Mediation and Councilation; Meeting Notice 
65 FR 63905

DATE: Wednesday, October 25, 2000
ACTION: The Arbitration and ADR Study Group of the Department's 
Advisory Committee on Private International Law will hold a meeting in
Washington, DC at the Department of State on Thursday, November 9, 2000,
from 9:30 am to 1:00 pm.  The subject will be to provide advice to the
U.S. delegation to the next meeting of the UNCITRAL Working Group on
Arbitration. 

Agenda 
The meeting will consider the Report of the Secretary-General of
UNCITRAL on "Possible Uniform Rules on Certain Issues Concerning
Settlement of Commercial Disputes: Written Form for Arbitration
Agreement, Interim Measures of Protection, Conciliation." This document
(no. /CN/WG.II/WP.110) may be found at the UNCITRAL web page:
www.uncitral.org. To find it, click on "Preparatory Documents," then on
"Working Group on Arbitration," then on "33rd Session." Depending on the
time available, the meeting will also consider the Report of the
Secretary-General of UNCITRAL on "Possible Future Work:  Court-Ordered
Interim Measures of Protection in Support of Arbitration, Scope of
Interim Measures that may be Ordered by Arbitral Tribunals, Validity of
the Agreement to Arbitrate." This document (no. A/CN/WG.II/WP.111) may
also be found at  the
same location on the UNCITRAL website.

Background
In response to requests from arbitration and mediation experts around
the world, United Nations Commission on International Trade Law
(UNCITRAL) has reestablished its Working Group on Arbitration. The
Working Group has 
been charged with considering a number of pressing issues involving
application and interpretation of the 1958 New York Convention on the
Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law and
Rules on Commercial Arbitration. These issues include the requirement of
written form for arbitral agreements under Article 2 of the Convention,
about which U.S. courts have taken different approaches, and the
desirability of preparing model provisions on the enforcement of interim
measures of protection. In addition, the Working Group is charged with
considering the desirability of drafting a new UNCITRAL Model Law on
Conciliation to pair with the UNCITRAL Conciliation Rules. (Note that
the New York Convention and the UNCITRAL Model texts may all be found on
the UNCITRAL website.)

The Working Group met in March 2000 and agreed in principle to begin to
draft a Model Law on Conciliation, as well as consider the preparation
of 
legal texts in the areas of the written form for arbitration agreements
and interim measures of protection. The UNCITRAL Secretariat has now
prepared the Report described above with proposals in these areas (Doc.
No. A/CN/WG.II/WP.110). In addition, the UNCITRAL Secretariat has
prepared some preliminary background analysis on a number of additional
topics that could form the basis for future consideration by the Working
Group (Doc. No. 
A/CN/WG.II/WP.111). These proposals involve aspects of the use of
court-ordered interim measures of protection, the scope of interim
measures that may be issued by arbitrators, and the validity of
agreements to arbitrate.

Attendance
The meeting will be held from 9:30 am to 1 pm in Conference Room 1105 at
the Department of State, 2201 C St., NW., Washington, DC, and is open to
the public. Because of security requirements for entering the building,
persons wishing to attend must contact Ms. Rosie Gonzales, Office of the
Legal Adviser, at 202-776-8420, fax 202-776-8482, email
onzaler@ms.state.gov > no later  than Monday November 6. Persons wishing
to attend should provide Ms. Gonzales with their name, date of birth,
and social security number. Copies of the pertinent documents may be
found free of charge on the UNCITRAL website as indicated above, or will
be provided free of charge by contacting Ms. Gonzales at the above
numbers.

Persons not able to attend may provide written comments to Mr. Jeffrey
Kovar at the following address: 2430 E St., NW., South Bldg., Suite 
203, Washington, DC 20037-2851.  Jeffrey D. Kovar, Assistant Legal
Adviser for Private International Law, Department of  State. [FR Doc.
00-27430 Filed 10-24-00; 8:45 am]



-- 
James Love  <love@cptech.org>  http://www.cptech.org
Consumer Project on Technology, P.O. Box 19367, Washington, DC 200036
voice 1.202.387.8030 fax 1.202.234.5176