The ICLRC took part in the 42nd session of the UNCITRAL Working Group VI

On May 8–11, the ICLRC took part in the 42nd session of the UNCITRAL Working Group VI as an observer. On its 41st session (Vienna, November 28 — December 2, 2022), on behalf of the Commission, the Working Group has commenced to develop a new international instrument on negotiable cargo documents. The Working Group considered draft articles 3, 4, 7–12, based on a Note by the Secretariat (A/CN.9/WG.VI/WP.96), which contained a set of preliminary provisions of the document, and decided to discuss the rest of the draft articles at the 42nd session.

During the discussion of the prepared Draft on Negotiable Cargo Documents, a number of proposals by ICLRC’s expert Igor Yastrzhembskiy found support. These proposals will be taken into account in an updated draft to be prepared by the UNCITRAL Secretariat following the discussion results.

Among the ICLRC’s adopted proposals are:

·        clarification of the Article 2(6) wording on the need to use the term “issuance of a negotiable cargo document”, instead of the term “signing”;

·        exclusion of the term “actual carrier” (Article 2(1)) and mentioning it in the text;

·        clarification in the definition that the consignee means the original consignee under the transportation contract (Article 2(3));

·        clarification of the transport operator duties (Article 2(10) and 2(12));

·        exclusion of reference to applicable law in Article 4(1)(b), and some others.

In general, it was stressed at the session that the Draft is in the initial stage of development and that it would make sense to involve representatives of the banking community, as well as associations of automobile, aviation and other carriers to further work.