Revista Brasileira de Arbitragem

Volume 12 (2015)

Volume 12 (2015) / Issue 46

Sieg Eiselen, 'The Adoption of UNCITRAL Instruments to Fast Track Regional Integration of Commercial Law' (2015) 12 Revista Brasileira de Arbitragem, Issue 46, pp. 82–99

Abstract

 ABSTRACT: The United Nations Commission for International Trade Law (UNCITRAL) has adopted and is promoting a number of texts for the harmonization of international trade law such as the 1980 Vienna Convention for the International Sale of Goods (CISG), the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1974 New York Convention on the Limitation Period in the International Sale of Goods. There are also newer instruments which have not yet gained such wide acceptance that may be considered for adoption such as the 2005 UN Convention on the Use of Electronic Communications in International Contracts, the 1996 UNCITRAL Model Law on Electronic Commerce and the 1997 UNCITRAL Model Law on Cross-Border Insolvency. This paper will identify and discuss the UNCITRAL texts that may be most useful to fast track the regional harmonization and integration of commercial law. The paper will discuss the experience with these instruments internationally, more specifically the experience with the CISG and the Model Law on Electronic Commerce. The paper will critically examine the value of such harmonizing instruments. The paper will also outline critical success factors for regional legal harmonization and integration based on the experience with the UNCITRAL documents. Finally it will be argued that a number of these instruments are suitable for adoption in countries in order to facilitate regional integration.

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ISSN: 1806-809X
ID: RBA2015025