Statement made by Mr. Abdul Hameed, Counsellor in the Sixth Committee on agenda item 79: The united Nations Commission on International Trade Law (11 October 2010)

Madam Chair,

I would like to take this opportunity to convey my delegationís appreciation for the report of the United Nations Commission on International Trade Law on its forty-third session contained in document A/65/17. As a member of the Commission and its Working Groups over the years, Pakistan has full recognition of efforts put in by Member States and Secretariat for fruitful negotiations and their outcome.

We believe that international trade on the basis of mutual benefit is an important element in promoting friendly relations among States. There is a strong linkage between the continued efforts at harmonizing the international trade law, focusing on substantive legislative work and the issues of development. It is in this spirit that we welcome the technical cooperation and assistance activities undertaken by the Secretariat following the 40th Session of the Commission. We agree with the point made in the report that legislative technical assistance for developing countries is as important as the drafting of harmonized rules itself.

Madam Chair,

Convention on the Recognition and Enforcement of Foreign Arbitral Awards has played an important part in the development of international trade law. We reiterate our support for efforts to promote a uniform and flexible interpretation of the Convention. The work undertaken by the Working Group II (Arbitration and Conciliation) provides a valuable method for harmonization of the law of international trade. We hope that the UNCITRAL Arbitration Rules as revised in 2010 will go a long way in enhancing the efficiency of arbitration and improving the methods of settling international commercial disputes.

Madam Chair,

We appreciate the finalization and adoption of a supplement to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property. We recognize the decision made by the Commission to highlight Statesí need for guidance as to how the recommendations of the UNCITRAL Legislative Guide on Secured Transactions would apply in the area of intellectual property rights. Certain adjustments will also be required in domestic laws of States to avoid inconsistencies between secured transactions law and intellectual property law. We hope that the Secretariat would be in the position to properly publicize the text of supplement to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property among Governments and other relevant bodies.

Madam Chair,

We welcome the decision of the Commission on adoption of part three of the UNCITRAL Legislative Guide on Insolvency Law. We agree with the assessment that effective insolvency law encourages economic development and investment, fosters business activity, and preserves employment. The efficient conduct of insolvency proceedings brings predictability to the future of enterprise groups whose failure has been established.

We have taken note of the efforts of the Working Group on Procurement and appreciate the efforts towards revising the Model Procurement Law. We reiterate that there are many issues regarding the credibility, applicability and comprehensiveness of use of electronic means of communication in the procurement process. The outstanding issues throughout the revised draft model law should be given due consideration at the next session. Various amendments proposed to the Draft Model Law indicate the need for making the procurement negotiations, reverse auction and other important procedures, methods and practices more sensitive to capabilities and tools available to the developing countriesí interlocutors.

Madam Chair,

It is important to facilitate cross-border e-commerce with global on-line dispute-resolution mechanisms. The appropriateness of drafting procedural rules for online dispute resolution mechanisms, the idea of maintaining single database for authentic online arbitrators and the issue of enforcement of awards made through online dispute resolution process under the international conventions have already been discussed. We want to underline that the debate on the online dispute resolution system must take into account the digital divide in the world. The views of developing countries on modalities of online dispute resolution mechanism need to be heard carefully in the debate on this issue.

Madam Chair,

We shall encourage the Secretariat to prepare a special report on promotional activities for newly adopted legislative texts every year. If nobody knows these newly adopted texts beyond a few capitals, then it would be hard to harmonize them with different legal systems in various parts of the world.

Madam Chair,

Pakistan shall continue to work in coordination with other Member States and Organizations towards the common goal of harmonized international trade law.

I thank you Madam Chair.