The ICLRC took part in the 44th session of the UNCITRAL Working Group VI
On 6-10 May 2024, the Center’s expert Igor Yastrzhembskiy took part in the 44th session of the UNCITRAL Working Group VI, within which a Draft project on negotiable cargo documents (A/CN.9/WG.VI/WP.103 - Negotiable Cargo Documents) has been developed.
The new document aims to create a new type of document of title called a negotiable cargo document, which can perform functions similar to a maritime bill of lading either for multimodal carriage of goods, or for unimodal ones.
In particular, the definition of a transport document was changed; the definition of the right of disposal as an independent separate right was deleted; the title of Article 8 of the Draft was changed to more accurately reflect its content; the term “delivery of a negotiable document” was changed to “transfer”; the reference to the application of the law of transport contract to the delivery of goods to the bearer of a negotiable document was deleted, etc.
The Working Group reviewed presentations on the issue and use of non-negotiable transport documents under the Uniform Legal Requirements for the Contract for the International Carriage of Goods by Rail (CIM), the Agreement on International Goods Transport by Rail (SMGS), and the Montreal Convention, prepared by the Intergovernmental Organization for International Carriage by Rail (OTIF), the Organization for Cooperation between Railways (OSJD), and the International Civil Aviation Organization (ICAO).
All those presentations noted that the relevant transport conventions did not provide for the issuance of negotiable documents and that the provisions of the new convention might, in practical application, conflict with the provisions of those transport conventions.
The Working Group also discussed a proposal by the Government of Singapore for an alternative approach to the regulation of negotiable electronic cargo records, whereby the provisions of Chapter 3 of the Draft were proposed to be replaced by a general provision requiring States parties to adopt, under national law, an appropriate legal framework authorizing and regulating the use of electronic equivalents of negotiable cargo documents and referring to the UNCITRAL Model Law on Electronic Transferable Records.
The proposal received no general support. There was a view that the Working Group should not miss the opportunity to develop new uniform legal rules to regulate negotiable electronic cargo records, which could be of benefit to sector participants, especially in the context of multimodal transport.
Work on the document will continue at the 45th session, which is expected to take place on 9-13 December in Vienna.
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Igor Yastrzhembskiy specializes in the law of obligation and contract law, bankruptcy issues, land, property, and communal services disputes.
He has more than 15 years of experience in judicial representation in arbitration courts and general jurisdiction courts. He defended the interests of clients in the Presidium of the Supreme Arbitration Court of the Russian Federation, the Supreme Court of the Russian Federation, in the Civil Collegium, and in the Economic Disputes Collegium.
Igor is experienced in representation in all arbitration courts of the Moscow Region, including the Federal Arbitration Court of the Moscow District. He has repeatedly represented the interests of administrations of municipal districts of the Moscow Region in arbitration courts.
Igor is recognized as the best lawyer in corporate law and civil law by the Best Lawyers 2021 international rating.
He has published various articles on civil law. He has lectured at the "M-Logos" Legal Institute and at the "Statut" Law School.