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International Commercial Settlement Agreements: Enforcement

Volume 633: debated on Thursday 21 December 2017

The Government decided in August to opt in to this Council decision which involves the agreement of EU member states to an EU negotiating mandate which sets out the position of the EU in discussions in UNCITRAL on possible instruments on the enforcement of international commercial settlement agreements resulting from conciliation.

In July 2015, UNCITRAL agreed that work should commence to identify issues arising from the enforcement of international settlement agreements and to develop possible solutions. Negotiations to date have decided that there should be both a draft model law complementing the existing UNCITRAL model law on international commercial conciliation and a draft convention that should have similar provisions, adapted only to the extent necessary for their specific form.

In May 2017, the European Commission decided that the negotiations had reached a stage where there should be a formal EU negotiating mandate. This was adopted in September 2017 when the EU agreed to participate actively in the ongoing work, and authorised the Commission to negotiate the convention at UNCITRAL on behalf of the EU to the extent that the convention may affect or alter EU rules. The next session of negotiations is scheduled for February in New York.

Opting in to the EU negotiating mandate does not commit the UK Government to apply any agreed model law nor to accede to any future convention.