Statement On “Report of UNCITRAL on the work of its 55th session”; 6th Committee

Specifications Statement On “Report of UNCITRAL on the work of its 55th session”; 6th Committee

Statement & Document

Title
Statement On “Report of UNCITRAL on the work of its 55th session” 6th Committee
Date
17 October 2022
Subject
Legal
Organ
6th Committee

Statement by

Mr. Mohammad Sadegh Talebizadeh Sardari

Attaché

Ministry of Foreign Affairs of the Islamic Republic of Iran

Before the Sixth Committee, UNGA 77

On Agenda item 75: “Report of the United Nations Commission on International Trade Law on the work of its fifty-fifth session”

New York, 17 October 2022

 

 

In the Name of God, the Compassionate, the Merciful.

 

Mr. Chairperson,

The delegation of the Islamic Republic of Iran would like to appreciate the Chair of the 55th session of the Commission on International Trade Law and the Secretariat for their tremendous efforts in preparing the report of UNCITRAL contained in document A/77/17 as well as their efforts in organising the UNCITRAL sessions.

Mr. Chairperson,

During the 55th session, the Commission succeeded in finalization and adaptation of the Model Law on the Use and Cross-border Recognition of Identity Management and Trust Services. I wish to recall my delegation’s  concerns regarding the implicit implications of the model law on the sovereignty of states, particularly, developing and the least developed countries (LDCs) whose nationals or businesses are mostly users of cross-border digital services which was expressed during both the work of Working Group IV and 55th Session of the UNCITRAL.

Mr. Chairperson,

The Commission was also able to finalize and approve the draft convention on the International Effects of Judicial Sales of Ships. Working Group VI had extensive and diligent consideration of this topic. My delegation attaches great importance to this topic and expressed its position during the consideration of this topic within Working Group VI. We thank the proponent of this topic, China, and join the consensus in its adoption within the General assembly.

We also express our satisfaction with the finalization and adoption of recommendations to assist mediation centers under UNCITRAL Mediation Rules in the 55th Session of UNCITRAL.

Mr. Chairperson,

In recent years, criticism over investor-State arbitration has increased and triggered demands for reform of the existing framework in this area. In the current international investment regime, there is not enough balance between the rights and obligations of the Parties which is detrimental to public budgets, regulations in the public interest, and the rule of law.

In this regard, my delegation welcomed the decision of UNCITRAL at its 50th session in 2017 to give a broad mandate to Working Group III to work on the possible reform of ISDS. We believe that the Working Group could remarkably identify and consider concerns regarding ISDS and develop concrete solutions in light of desirable identified concerns from its 34th to 43rd sessions.

 In order to achieve the best solutions, the reforms should be comprehensive enough to provide equal opportunity for different points of views which have been raised by many States as well as to achieve a fair and equitable ISDS system that all countries, in particular, developing countries, can rely upon.

To conclude, my delegation expresses its readiness to contribute to the deliberations of Working Groups in cooperation with other Members of the Commision and we hope that the Working Groups conduct a holistic and comprehensive approach to the topics under their consideration.

I thank you, Mr. Chairperson.

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