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联合国贸法会秘书长Anna Joubin-Bret: 《纽约公约》的过去与未来——《纽约公约》六十周年与“一带一路”研讨会实录稿(二)

2018-08-02 10:12:17     来源:     

编者按:2018年5月15日,联合国国际贸易法委员会(UNCITRAL)与深圳国际仲裁院(深圳仲裁委员会)联合主办的第八届中国华南企业法律论坛“《纽约公约》六十周年与‘一带一路’”研讨会在深圳举行。本微信公众号将分期推出该研讨会的中英文实录稿。本期推出的实录稿内容为联合国国际贸易法委员会秘书长Anna Joubin-Bret在研讨会上发表的主题演讲。

 

 

 

Keynote Speech on the 60th Anniversary of New York Convention and “One Belt and One Road” Conference

by Ms. Anna Joubin-Bret, Secretary of UNCITRAL

 

Mr Gao Zimin, Ms Elsie Leung, Dr Liu Xiaochun, distinguished guests, ladies and gentlemen: it's a great honour and pleasure for me to be here for the celebration of the 35th anniversary of the SCIA and the 60th anniversary of the New York Convention. 

You have heard a lot in the opening presentations about the New York Convention, and I'm about to give you some more background about this instrument that is not only the flagship instrument of UNCITRAL and the United Nations' economic system, but also, I believe, one of the cornerstones of international trade, investment, and globalization.

So let me introduce to you the New York Convention for its 60th anniversary, and I will start by giving you some historical background. We will have a panel discussion later discussing more in-depth history of the New York Convention, and we will also give you an introduction of UNCITRAL, so you have a better understanding of how our secretariat operates and how the Commission that we serve operates. And then I will give you a presentation of the New York Convention as a cornerstone for future developments.

So if you bear with me, I will start by quoting from the United Nations Charter chapter VI. It is embedded in the Charter that: "The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." This is precisely what we are working on together. The starting point, as I mentioned, is the New York Convention. 

It was signed on 10 June 1958, but it was an ongoing effort before the New York Convention was negotiated, and it came from an idea expressed by the International Chamber of Commerce. I should pay a tribute to our colleagues and friends at the ICC who were at the origin in identifying the need and helping us in formalizing an appropriate response. The recognition and enforcement of foreign awards was an issue in 1958. It had already been recognized by the Geneva Convention on the Execution of Foreign Arbitral Awards in 1927 but it was not meeting the needs, particularly because it required a “double-exequatur”. The UN Economic and Social Committee, in charge of cooperation between States and social matters reported to the General Assembly in March 1955 about the need for such a convention.

The New York Convention was formally signed in 1958, so a few pictures here to show you those who worked on the New York Convention, and those who formally signed it. It was finally signed in June of 1958, and it was then signed by a number of States. For example, here we have the representative of France and the ambassador of the USSR, in December of 1958. 

Now let me talk very briefly about UNCITRAL, The United Nations Commission on International Trade Law. It was established by the United Nations General Assembly Resolution in December 1966. As Prof Zhang mentioned, we indeed were established after the New York Convention, but we were established to care for the New York Convention. We were given a mandate to further the progress of modernization of international trade and to prepare and promote the use and adoption of legislative and non-legislative instrument in a number of key areas of commercial law. The decision was taken by the General Assembly to establish the United Nations Commission on International Trade Law, which has for its object the promotion of the progressive harmonization and unification of the international trade law in accordance with the statute.

UNCITRAL's membership is elected among the State members of the United Nations for terms of six years. The term of half the members expire every three years. In the middle of 2019 half of the Commission will be renewed. It is an election process where various countries that are candidates are presented by regional groups in the United Nations, representing different legal traditions and levels of economic development. As you mentioned, Professor, it is indeed developing and developed countries that are members of UNCITRAL. We have currently 60 members: 14 African states, 14 Asian states, 8 Eastern European, 10 from Latin America, and other states.

The UNCITRAL Commission did not have 60 members from its inception. It started with 29 members, expanded in 1973 to 36 states, and in 2002, to 60 states. What is important is it reflected the broader participation and contribution by states from different regions, but it also stimulated interest in UNCITRAL's expanding work program. What is important is that we achieved inclusiveness and we continuously strive to ensure it. The more States participate in our deliberations, the better for the outcome and of course the better for further implementation.

The UNCITRAL working methods follow a calendar decided by our Commission. We have two annual sessions of working groups, and we have a varying number of working groups depending on the topics that we are instructed to work on. These working groups meet in the spring sessions in New York, in the fall sessions in Vienna. The Commission, which then approves and assigns the work to the working groups, meets alternatively in New York or in Vienna in June of every year. During this annual session, the member states but also all observer states, all the member states of the United Nations, even if they are not members of the Commission, participate in these meetings, and so do observers representing stakeholders. During the working group sessions, the texts, the conventions, the instruments are worked out, are prepared, and they come for approval and adoption by the Commission, and will then, depending on the status of the instrument will become either an international convention open for signature and then ratification, or will be adopted by incorporation, as is the case, for model laws. The role of the secretariat is to assist the Commission and the working groups in their work and in discharging the mandate that is given by the Commission to the different working groups.

The fundamental basis of work for UNCITRAL is consensus, and this is, of course, a longstanding practice in the Commission, to reach decision by consensus, and it has, with very few exceptions, always been the case. In 2010, the Commission formalized this practice and enacted that decisions should be reached by consensus as far as possible, and in the absence of consensus, decisions are taken by voting under the rules of procedure of the United Nations General Assembly. I will open a short parenthesis here to share with you my very first experience upon taking my position as secretary of UNCITRAL was precisely to carry through the very exceptional procedure of a vote. My very first appearance on the podium was for the launching of the working group on reform of investor-state dispute settlement, and in this new working group, there was disagreement as to the election of a chairperson. And therefore we had to go to an actual vote, and all my colleagues were telling me, "This is baptism by fire, because this has really never happened in the life of UNCITRAL."  And there I come, and the first thing I had to deal with is precisely a vote! But just to tell you that this is an exception, and we will make sure that it remains an exception. 

UNCITRAL working groups are currently six, and we have flexibility to adapt the number of working groups to the actual needs and to the actual areas in which we are working. So we have a first working group that is looking into simplifying, streamlining and fostering a more conducive legal framework for micro, small and  medium-sized enterprises. This working group will come to the Commission this year with a first legislative guide on incorporation and registration of MSMEs, the micro and small and medium-sized enterprises, with the idea that to encourage MSMEs to move from the informal to the formal sector of the economy, you have to make their incorporation and their registration easier. But at the back of our minds is, of course that, if you manage to simplify and streamline procedures for MSMEs, then it will also benefit the broader set of companies and the broader legal framework for incorporation and registration, because if you can do it for a group of companies, you can also do it for the entire enterprises.

Our second working group is the working group on dispute settlement, the one you are most familiar with, and here are some of the instruments that have been prepared by this working group. What I would like, however, is to stop for a minute to highlight and to present to you the international convention for the enforcement of mediated settlements that will come for approval by the Commission in June, and, if it is approved by the Commission, hopefully it will come for its signature and opening for accession in July of 2019. This will take place in Singapore, and we are hoping that the Commission will agree to call this convention the "Singapore Mediation Convention". With this opening for signature of the Singapore Convention, we will close the loop of the mediation framework, and for those of you who are familiar and who practice international mediation, you will realize how important the enforcement of mediated settlements is. In practice, many parties hesitate before entering into a mediation, because they always think, "What happens if we reach an agreement, but the other party doesn't abide by its commitment?” And here we have an instrument that, if you will, is the exact continuation of the New York Convention on recognition and enforcement of arbitral awards and has been such a successful convention, and we hope that the Singapore Convention will have the same fate and will also contribute to enhancing and strengthening the legal framework for alternative dispute resolution. We hope we will be able to launch this with you together here in Shenzhen, and it will become as successful as the New York Convention.  

The Working Group III I alluded to already is also an important working group for us, because we have recently received a mandate to work on possible reform of investor-state dispute settlement. It is a very sensitive and disputed topic that is considered by many as in deep need for reform. I would like to share with you, and I do this informally,  there is, in my view, consensus among all the member countries participating in these discussions that reform is needed. Where we have no consensus so far, and where a lot of work is required, is on the scope of this reform, of whether we want to have a reform of the existing system, or whether we want to have an in-depth revolution of the system, as is suggested by some of the participating States. We will continue to work on this and hopefully also report and brief you as we go along on the progress of this working group.

Now, let me just stop for a little minute on the working group on electronic commerce. It is the one that has first set the foundations for the digital economy. The working group on electronic commerce started out with the electronic signature and with the dematerialization of documents for all the trade relations, but we have to bring it now to a much more accelerated and more innovative stage, in order to be always on top of the progress and the huge developments in the digital economy and ready to “corner the market”. This is why we are currently working on digital identity management and trust services, which is a basic right for all citizens, for all the people to be actors and participate in electronic commerce or the digital economy. It is necessary to first of all have a digital identity, which is really the base of what is needed in order to be able to engage in digital trade.

We also work on a number of very specialized instruments, for example we are bringing this year to the Commission a Checklist on Contractual Elements for Cloud Computing, and hope to hear more from you here, from your clients, from the companies that are active here, from the in-house counsel that are present in this room, what are the legal rules that are needed to enable you to actively participate in international and digital international trade and small contracts.

But let me move on, because as you can see I'm fairly passionate about all work that is done by UNCITRAL, which is easy, because I haven't contributed to any of it so far. Let me also highlight that there is also very good work going on in the area of insolvency law, and we are bringing to the Commission this year a Model Law on the recognition of cross border insolvency judgments in order to avoid insolvency procedures in two different countries can go parallel without possibility of recognition.

The work of Working Group VI on security interests is a major part of day to day operation of companies working in international trade. So, with this, and, for the sheer pleasure of showing you the smiling faces of those who contributed to the work on the mediated settlement convention let me show you a group photo of Working Group II.

Here is a list of the legal instruments we have that followed the New York Convention, and you will see, indeed, the UNCITRAL Arbitration Rules, that are the founding rules that are used around the world and also around the region for arbitration proceedings. We have a number of Model Laws. One of the most recent key features are the UN Convention on transparency in treaty-based investor-state arbitration. It is the work on the Mauritius Convention that brought to UNCITRAL the work on reform of ISDS.

So, what you will find in the UNCITRAL instruments is, first and foremost, greater harmony in international trade. They are available in six languages, and while this creates a constraint for our work, because we have to be accurate in all six official languages of the United Nations, it constitutes an incredible added value. What is important also is that our instruments have wide acceptance, that they foster consistent interpretation, because we follow them closely, and they are being used and developed by experts, scholars, government officials specializing in given areas.

Now, how do we promote the UNCITRAL Convention? Here I will go fairly quickly, because my colleague Minjung is going to explain more in detail what we do for the promotion of the New York Convention. But I just wanted to highlight to you why the General Assembly invites all states that have not yet done so to consider becoming parties to the Convention. We hope to convince the almost 30 countries that are not yet signatories to the New York Convention to adhere to it, firstly because it is a great signal of rule of law, the respect of rule of law, and it is recognized as such, for instance, by the World Bank, when it does its rating for doing business. One of the first instruments that is being checked is whether or not the country is a member of the New York Convention. So, yes, it helps boost trade and development. It provides good tools for countries seeking FDI (Foreign Direct Investment). As I mentioned, this is one of the indicators of “ease of doing business”. And it creates legal certainty and stability for stakeholders. Now, what we do will be explained in further detail by Minjung.

Approximately 80% of member states of United Nation have ratified the New York Convention, and we continue to assist actively and provide assistance to those member states who wish to ratify or to accede to the New York Convention. We brief ministries and legislators, give assistance to drafting, and help with translation. We hope some of the countries could join the ceremony for the 60th anniversary of the New York Convention in New York, to give it more prominence. We have so far reached 159 member countries, and we are still hoping for the 160th, which would be very auspicious for the 60th anniversary. So, please keep your fingers crossed for that 160th member.

The New York Convention Guide will be presented by my colleague Minjung. What we have, and I think this is important, and was also alluded to, is a very consistent and systematic database of application of cases to show and to support application and interpretation of the New York Convention. It has abstracts of the cases in all six official languages and the original decision of the case in the original language is available upon request from the secretary.

We also have a digest on the Model Law that again analyses and annotates case law that is summarized in this digest. And we are working towards, as I mentioned to you, greater membership in the New York Convention, basing it on the pride and the recommendations we are receiving.

Kofi Annan in 1998 mentioned the New York Convention as a landmark instrument that has many virtues, as follows: “Let me turn now to the subject of today's discussions, the New York Convention. This landmark instrument has many virtues. It has nourished respect for binding commitments, whether they have been entered into by private parties or governments. It has inspired confidence in the rule of law. And it has helped ensure fair treatment when disputes arise over contractual rights and obligations. As you know, international trade thrives on the rule of law: without it parties are often reluctant to enter into cross-border commercial transactions or make international investments”.

As of today, courts, in 159 jurisdictions of the world, apply the Convention’s provisions and recognize awards rendered abroad or rendered following the application of a foreign law. Such quasi-universal acceptance of the recognition and enforcement process brings legal certainty to the business community worldwide. It is also a demonstration of a strong commitment to the rule of law. The global acceptance of the NYC represents a step towards better access to justice for economic operators, in line with the 2030 Agenda for Sustainable Development.  

I'm showing here the accession rate, and you see that we are only short of the 160th. We have Sudan that joined in March 2018, Cabo Verde in March, a few days earlier, and Angola last year. We are waiting for Iraq where the Council of Ministers has passed the resolution and it is now with the Parliament. And so hopefully Iraq will the next on to access.  Somalia is also in line, as is PNG. So we have a status map which is at 159, hoping that we can move it to 160.

Any questions you might have regarding the New York Convention or any of the work we do at UNCITRAL, you can find it on our website. With that, I would like to thank you for your kind attention to a presentation that is more in the form of publicity for the institution I represent, but it's a great pleasure and honor for me to be here and highlight the work we do in Vienna and New York. Thank you very much.  

 

 

国际贸易法委员会秘书长

Anna Joubin-Bret

《纽约公约》六十周年与

“一带一路”研讨会

主题演讲

 

尊敬的高自民副市长、梁爱诗女士、刘晓春院长,各位来宾,女士们、先生们大家好,非常荣幸今天在这与大家共祝深圳国际仲裁院成立35周年以及《纽约公约》60周年。

在开幕致辞中大家已经听到了许多关于《纽约公约》的信息,接下来我将和大家分享更多《纽约公约》的相关背景资料。《纽约公约》不仅是联合国贸易法委员会(UNCITRAL)、联合国经济体系中重要的文书,更是国际贸易,投资和全球化的基石之一。

值此《纽约公约》六十周年之际,请允许我先介绍它的历史背景,接下来的嘉宾讨论环节还会就此有更深入的交流。我也会介绍UNCITRAL,以便您更好地了解我们秘书处以及我们主管部门的工作方式。最后我会介绍《纽约公约》未来的发展规划。

首先,我想引用联合国宪章第六章中的一句话作为开场,“任何争端之当事国,于争端之继续存在足以危及国际和平与安全之维持时,应尽先以谈判、调查、调停、和解、公断、司法解决、区域机关或区域办法之利用,或各该国自行选择之其他和平方法,求得解决。”这正是我们工作的目标,工作的切入点正是《纽约公约》。

《纽约公约》于1958年6月10日签署,在此之前我们一直在努力推动它的签署,签署它的想法最初来源于国际商会(ICC)。ICC提出了设立《纽约公约》的需求,并帮助我们将它正式化,为此我应该向ICC的同事致敬。1958年以前承认和执行外国裁决并不是问题,比如1927年《日内瓦公约》已经就承认执行外国仲裁裁决的问题进行了规定。负责协调各国之间的经济与社会问题与联络包括UNCITRAL在内的一些联合国特别机构的联合国经济和社会委员,在1995年3月向委员会报告需要起草一个执行外国仲裁裁决的公约。

《纽约公约》于1958年正式签署,这些都是当时起草《纽约公约》以及签署时的照片。自1958年6月,各国代表陆续签署《纽约公约》,比如这里有1958年12月,法国代表和苏联大使签署时的照片。

我接下来向大家介绍一下UNCITRAL,它是根据联合国大会决议于1966年12月设立的。正如刚才张教授所提到的,我们其实是在《纽约公约》签署之后成立的一个机构,但是我们的责任之一就是推进《纽约公约》的适用,我们的任务是推动国际贸易法的协同化和现代化,在贸易法的一些关键领域为立法或非立法文书的使用与通过进行准备和促进工作。联合国大会创立UNCITRAL,就是希望能逐步协调各国国际贸易法与联合国贸易法的统一。

UNCITRAL会员从联合国成员国当中选择,任期六年,每三年要更新近半的会员。在2019年中期,我们将会更新近半会员。我们说的选择会员,其实是一系列的选举。在选举时,候选国来自联合国各区域集团,他们代表着不同法律制度和经济发展水平。就像刚才张教授所提到的,很多发达国家和发展中国家都是UNCITRAL的会员国。目前UNCITRAL有60个会员,包括14个非洲国家、14个亚洲国家、8个东欧国家、10个拉丁美洲国家和其他国家代表。

初创时我们会员只有29个,1973年增至36个,2002年达到60个会员国。这种变化反映了不同地区、不同国家的更加广泛参与和贡献,也增强了UNCITRAL在世界范围进一步发展的信心。我们希望以更加包容的态度来促成更多的国家进行谈判,产生更好的效果,更好的落实之后的工作。

每年UNCITRAL以三个核心为基础展开工作,或者说是两个核心。我们有两个会议,工作组会议和委员会年会。根据我们需要研究的工作主题数量,我们会有若干工作组,这些工作组的春季会议安排在纽约,秋季会议安排在维也纳。委员会每年六月会选择在纽约或维也纳举行会议,批准并分配工作给各个工作组。委员会年度会议期间,除了会员国,联合国成员国中的非委员会成员国的国家以及有关国际组织也会作为观察员参加,观察员可以与成员一样参与委员会及其工作组会议的讨论。在工作组会议期间,将讨论制定文书、规则、公约,随后由委员会统一进行审核批准,根据条文内容决定转为国际公约开放签署,或者纳入示范法范围。此外,我们有秘书处,秘书处的职能是协助委员会和工作组开展工作,以及将委员会的工作分配给不同的工作组。

UNCITRAL工作的基础是协商一致,除非常少见的例外情况,UNCITRAL长期以来都是以通过协商达成一致为实践。在2010年,UNCITRAL正式确定了这一做法,规定决策应尽可能以协商一致方式作出决定,如果没有达成共识,我们的决策会按照联合国大会的程序规则进行投票作出。顺便提一句,我刚就任UNCITRAL秘书长职位时就遇到的非常特殊的投票程序。我作为秘书长首次登台是在启动投资者与国家争端解决机制改革工作组,工作组在选举主席方面有不同意见,因此,我们必须进行投票。我所有的同事都说选举像是洗礼,此前在UNCITRAL从未发生过,但我就职后面对的第一件事就是投票,这是一个例外,我们将确保它只是一个例外。

UNCITRAL工作组目前有六个,会根据工作需求和工作领域调整工作组数量,有很高的灵活性。我们第一个工作组的工作内容是为中小型企业简化、制定更有效的法律框架。这个工作小组今年会向委员会递交首个关于中小型企业的组建和注册法律框架指南。这是为了推动中小型企业向正规化转型,首先必须简化组建和注册的流程。如果简化中小型企业办事程序,那么这些办法也将有利于其他公司以及优化他们的法律框架,因为这些方案有相同之处,最后企业将共同受益。

第二个工作小组是争端解决工作小组,这是大家最熟悉的工作组,接下来我也会跟大家分享一下在这个工作小组的工作机制,但我想先介绍国际调解公约。它将于6月份提交委员会核准,如果委员会批准,希望它能于2019年7月开放签署。这将在新加坡举行,我们希望委员会同意将这一公约称为“新加坡公约”。随着新加坡公约开放签署,我们将完成调解程序的闭环,对于那些熟悉并从事国际调解的人来说,您会意识到调解的执行是多么重要的。在实践中,许多当事人在进行调解之前犹豫不决,因为他们总是这样想:“如果另一方不遵守承诺,达成的协议将没有意义”。我们这个机制将解决这个问题。新加坡公约这个机制是《纽约公约》在承认和执行仲裁裁决方面的延续。我们希望新加坡公约将巩固替代性争议解决的法律框架并像《纽约公约》一样成功。

第三个工作小组是我刚才已经提到过的也是非常重要的工作小组,它涉及投资者—国家争端解决(ISDS)。我们最近刚刚接受到一个任务,就是要进行ISDS改革。ISDS是一个非常敏感、非常具有争议的一个话题,很多人都觉得ISDS要进行深度改革,现在我以一种非正式的方式跟大家分享在这方面的个人看法。在我看来参与讨论的国家代表已对ISDS急需改革达成一致意见,但就改革深度和广度没有共识。我们是应该对当前制度进行改革,还是进行一个全面的革新。根据会员国建议,我们会将这项工作进行下去,希望在这过程中可以和大家分享。

接下来我跟大家分享一下我们电子商务工作小组,它是为我们数字化商务奠定基础的工作小组。电子商务工作小组以使用电子签章,在商事贸易中使用无纸化文件为起点,现在我们把它拓展到更加创新的阶段,以符合电子商务的发展进程。这就是为什么我们目前正在致力于数字身份管理,数字身份是对于所有参加电子交易的人来说是至关重要的。我们也在研究一些非常专业的措施,例如,我们今年将云计算列入委员会管理清单。我们也希望能够听到在座诸位关于哪些法律规则能引导你积极进行国际贸易和电子商务的意见。

我对UNCITRAL的工作非常的热情,因为迄今为止我还没有做出什么贡献。我们在破产法领域也有很多工作要做,今年正在向委员会提交一份关于承认破产判决的公约,以避免两个国家不同的破产程序导致无法互相承认。

关于担保权益是第六工作组在国际贸易中非常重要的一项工作。说了这么多,我想和大家分享我UNCITRAL亲爱的同事们,他们为调解工作做出了相当重要的贡献,你可以看到他们在相片中是感到非常自豪的。

这些是遵循《纽约公约》的法律文本清单,您会看到UNCITRAL仲裁规则作为基本规则,在世界被广泛使用,有的地区用作仲裁的程序管理。我们还有一些示范法,最近发布的是联合国关于增强基于条约投资与国家仲裁透明度的公约。这实际上给UNCITRAL提供了改革ISDS的方案。

另外一方面大家可以看到UNCITRAL文书,是采用六个语言进行发布,这实际上给我们工作带来了一定的挑战,因为我们不仅必须保证英文和法文这两种联合国主要语言的准确性,同时其他语言也需要精确表达。这一点非常重要,UNCITRAL文书将在世界范围内被广泛接受,我们必须及时关注,确保各国对于文书的理解能够准确。

我会快速讲一下,如何推广UNCITRAL公约,我的同事待会将向大家进一步说明。现在联合国大会请所有尚未加入《纽约公约》的国家考虑加入公约。我们也试图说服近30个未签约国家加入《纽约公约》。第一,加入公约是尊重法制的最关键的信号,同时它也是世界银行对国家商业评级的参考依据。如果国家是《纽约公约》的成员国,会有助于促进国家的贸易和发展,同时为国家吸引外国直接投资(FDI)提供了很好的帮助和保障措施。正如我所提到的,是否是《纽约公约》成员国是国际贸易的指标之一,它保证法律确定性和稳定性,Minjung待会将详细解释。

联合国大约80%的会员国加入了《纽约公约》,我们正积极推动其他国家加入《纽约公约》,包括为其他国家提供援助,协助起草法律文书,还有翻译。我们在纽约会举办《纽约公约》成立60周年典礼,目前公约有159个成员国,希望在六十周年的时候能达到160个成员国。

我觉得《纽约公约》重要的一点是,我们有持续、系统化的数据库,积累了不少案例,它有六种语言表述案件摘要,并应秘书的要求提供案件源语言文本。

我们还对UNCITRAL示范法进行了综合分析,正如我刚才提到的那样,我们正努力争取更多国家加入《纽约公约》,当然这是建立在国家认可的基础上。前任联合国秘书长安南在1998年就评价《纽约公约》是重要的里程碑的文件,它有非常多优点:尊重联合国委员会,增强人民对法律的信心,平等解决争议等。2007年联合国大会将仲裁作为解决争端的一种方法,这有利于商业和谐,提高国际和国家层面的法治水平。

《纽约公约》几乎被普遍接受,仲裁被认为是解决纠纷的有力工具被广泛接受。我们今天在这里庆祝SCIA 成立35周年,讨论《纽约公约》与“一带一路”就是对公约的认可。《纽约公约》为各方当事人解决争议提供了意思自治权,保密性和灵活性,规定了国际仲裁最基本的法律原则,确定了执行仲裁裁决最低的标准规则。

我们有一些案例分析直接与加入《纽约公约》相关。缅甸加入《纽约公约》之后,2018年3月苏丹加入公约,佛得角在几天前加入,去年安哥拉加入公约。我们正在等待伊拉克的消息,伊拉克部长会议已通过决议并将其提交议会,议会已于5月12日进行表决。希望伊拉克是下一个加入公约的国家,索马里和巴布亚新几内亚也一样。在会场,我们有一个159个成员国的状态图,希望我们可以将它推广到160个。

 

如果您有任何关于《纽约公约》或者对于UNCITRAL的工作问题,欢迎浏览我们的网站。非常感谢您对我演讲的关注,虽然这更像是一个机构介绍,但我很荣幸在这里和大家分享我们在维也纳、纽约的工作。谢谢大家!