Mandelbaum Barrett PC is pleased to share that our Counsel and Head of the India Desk, Ishaan Madaan, represented the CILS – Center for International Legal Studies as an observer delegate at the 59th Session of the UNCITRAL: United Nations Commission on International Trade Law at UN Headquarters in New York.
A few key takeaways from the Session that marked a consequential moment for international dispute resolution, on the eve of UNCITRAL’s 60th anniversary:
Arbitration – The Commission adopted a Recommendation on the interpretation of the New York Convention with respect to arbitral awards in electronic form, revisions to the UNCITRAL Model Law on International Commercial Arbitration together with explanatory materials, and an additional note to the UNCITRAL Notes on Organizing Arbitral Proceedings — developments with direct significance for the enforcement of awards across borders as arbitration becomes increasingly digital.
ISDS – The Commission finalized the draft Statute of the Advisory Centre on International Investment Dispute Resolution, which will be submitted to the United Nations General Assembly for adoption — a structural step toward broadening access to investor-State dispute settlement for States and investors alike.
Insolvency – The Commission reviewed the progress of Working Group V, including its work on applicable law in insolvency proceedings and a possible instrument addressing parallel proceedings — matters of growing importance in cross-border restructurings.
The Commission also charted future work on dispute resolution in the digital economy, digital payments, paperless trade, and secured transactions involving digital assets — a clear signal of where cross-border commercial law is heading.
Several of these outcomes represent the culmination of years of deliberation in UNCITRAL’s Working Groups — including Working Group II (Dispute Settlement), whose sessions Mr. Madaan attended in New York as the texts on electronic awards and the revised Model Law took shape. His engagement continues with Working Group V (Insolvency Law), whose work on applicable law and parallel proceedings advances toward the Commission.
Mr. Madaan’s continued engagement with UNCITRAL’s work informs the firm’s International Disputes & Enforcement practice and our other cross-border practices.
We thank CILS for the opportunity to contribute to this important work.