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2016 UNCITRAL ASIA PACIFIC DAY SYMPOSIUM- 17 October 2016

10/17/2016

The Centre for Transnational Commercial Law, National Law University, Delhi organized the ‘2016 UNCITRAL Asia and Pacific Day’, with a special focus on the United Nations Convention on Contracts for the International Sale of Goods, (Vienna, 1980) (CISG). This event was kindly supported and generously promoted by the Singapore International Arbitration Centre (SIAC). CTCL- NLUD in association with UNCITRAL RCAP (Regional Centre for Asia and the Pacific), marked this special occasion with the following events:

 

  1. Roundtable on Stakeholder Consultation 

“Issues in Drafting & Enforcing International Commercial Contracts”

 

  1. Public Lecture

“Whether the Uniform Sales Law is likely to aid in ‘Ease of doing Business’ & ‘Enforcing Contracts’ in India?”

 

  1. Symposium

“Towards a Regime of Uniform Transnational Commercial Laws and their enforcement in India: Commercial Courts & the way ahead”

 

  1. UNCITRAL- NLU Delhi 2016 Asia Pacific Day Essay Competition

 “Contemporary issues under the CISG vis-a-vis the Sale of Goods Act, 1930 (India)”

Last date of submission of essays: October 23, 2016.

         

 

about the UNCITRAL Asia Pacific Day

 

The United Nations Commission on International Trade Law ("UNCITRAL") was established 50 years ago by the United Nations General Assembly Resolution 2205 (XXI) adopted on 17 December 1966, which, in recognizing that disparities in national laws governing international trade created obstacles to the flow of trade, regarded the Commission as the vehicle by which the United Nations could play a more active role in reducing or removing these obstacles. To annually celebrate this historical resolution, UNCITRAL-RCAP established the UNCITRAL Asia Pacific Day in 2014. Each year, reputable universities across the region join and it continues to evolve in the years ahead.

 

Asia Pacific Day 2016 is organized with a focus on the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) ("CISG").

 

About the National Law University, Delhi

National Law University Delhi (NLU Delhi) established in 2008 by Government of Delhi and with the initiative of High Court of Delhi, is a premier Law University established in India. The vision of the University is to create a global legal institution which will compete with the best outside India and to prepare lawyers for a legal career that introduces them to wide range of opportunities in legal profession across the globe.

 

The Centre for Transnational Commercial Law (CTCL)

 

CTCL actively engages in deliberations involving the transnational commercial laws, issues on uniformity and harmonization of international private laws along with the UNCITRAL (United Nations Commission on International Trade Law), UNIDROIT, the Hague Conference etc. It aims to be a centre of excellence and also a guiding factor in policy formulation on transnational commercial laws.

 

Concept Note

 

There is a growing recognition across the world that standardisation of trade law would be beneficial, and as a result, there have been attempts to harmonise commercial laws at the instance of international and supranational organisations. The Convention on International Sale of Goods (CISG) is the most successful international instrument that seeks to achieve this purpose. India, like the United Kingdom, is not a signatory to the CISG. Sale of Goods in India continues to be governed by Sale of Goods Act, 1930, based upon the UK SGA of 1893, which makes it more than 120 years old. Almost all of India's major trade partners are parties to CISG. Hence, there is growing pressure on India to move towards a regime of harmonised & uniform commercial law.

The deliberations sought to initiate discussion upon the need for Contract Law Reform in India, emphasizing upon the need for a uniform private international law of contracts for sale of goods. This would also be instrumental in raising the sentiment of commercial institutions but most of all; it would lead to develop an indigenous jurisprudence of international contract law.

 

The adoption of the CISG will also lead to greater legal certainty in international trade relations and negotiations. The codified nature of the rules, the simplicity of their formulation, the exclusion of conflicts intricacies and foreign law, and the availability of sources, all help to create greater legal certainty for importers and exporters. The Convention is characterized by a good balance between precision and flexibility. The growing number of cases is steadily developing a body of law supporting the Convention and providing guidance for its interpretation. However, there are likely to be some precautions that India needs to take care of, while adopting this convention. It is essential to understand the views and concerns of business community in India, regarding their experiences with the current legal regime, and their expectations from a new legal ecosystem. 

 

 

  1. Roundtable on Stakeholder Consultation 

“Issues in Drafting & Enforcing International Commercial Contracts”

 

The Union Law Secretary, Shri Suresh Chandra, was the Chair of this session. Mr. Mahendra Khandelwal, Additional Legal Advisor, Deptt. Of Legal Affairs, Ministry of Law & Justice, Professor A. Jayagovind, Mr. Lalit Kumar, partner JSA, Mr. Pratik Datta, Consultant NIPFP were the speakers, Dr. Risham Garg was the moderator.

 

 

  1. Public Lecture

“Whether the Uniform Sales Law is likely to aid in ‘Ease of doing Business’ & ‘Enforcing Contracts’ in India?”

 

Hon’ble Dr. Justice A. K. Sikri, Judge Supreme Court of India, was the Chief Guest for the Public Lecture. Professor Dr. Ranbir Singh, Vice-Chancellor NLUD, delivered the welcome address. Professor Dr. Bruno Zeller, Professor of Transnational Commercial Law at the University of Western Australia, delivered the Keynote address. Mr. Shihab Azhar Ansari, the Private Sector Specialist in Trade and Competitiveness at the World Bank, who also manages the Doing Business criteria, shared his views upon the ‘Ease of Business’ and ‘Enforcing Contracts’ parameters of the World Bank. Mr. S. K. Dholakia, Sr. Advocate Supreme Court of India, also shared his views on the CISG and supported the teaching of CISG in law schools.

 

 

  1. Symposium

“Towards a Regime of Uniform Transnational Commercial Laws and their enforcement in India: Commercial Courts & the way ahead”

 

Hon’ble Mr. Justice Rajiv Sahai Endlaw, Judge High Court of Delhi, Chaired the Symposium. His reminiscence on the initial Commercial & Civil Judge in the Delhi High Court, as a precursor to the modern Commercial Court under the new Act, was highly illuminating.

 

Prof.  Dr. G. S. Bajpai, Registrar NLUD,  in his welcome address, highlighted the efforts of NLU Delhi to expedite efforts and dialogue in various niche areas of law, and that this was an opportune time to analyze and discuss the application of the Commercial Courts Act 2015. 

 

Mr. George Pothan (Legal Consultant, Ministry of External Affairs)

George spoke on Uniform Regime of Transnational Commercial Law in light of recent idea of India to terminate its 47 bilateral treaties out of 83 bilateral treaties which it has signed. He then talked about case of ANTRIX v. Devas Multimedia where Devas sued ANTRIX for breaching the contract.

 

Mr. Pranav Mago (Head, South Asis, Singapore International Arbitration Centre (SIAC))

Pranav started his speech on how the problem in investment arbitration started when Calcutta High Court exceeded its jurisdiction. He also emphasized that the main crux of Commercial Courts Act to resolve dispute in speedy manner. He applauded the new amendment in Arbitration Act. He then discussed that Commercial Courts Act and Arbitration are there but how many ways are we going to consider to speedy disposal of cases.

 

Mr. Narinder Singh (former Secretary General at Indian Society of International Law, former Chairman, International Law Commission United Nations)

Mr. Narinder Singh started with brief introduction of White Industries case. He explained condition of arbitration as even if one wins arbitration award, the award becomes curse for the party due various enforcement problems which a party could face. A party should respect arbitration award rather than furiously go for litigation. He specifically mentioned that not only litigants and clients should change their mindset of delaying the court process but also government should change its mind.

 

On the question of court decision Narinder Singh said that the real issue is that our country should have good dispute resolution mechanism. He also spoke about importance of enforcement.

 

Dr. Risham Garg, Research Director of the Centre for Transnational Commercial Law at NLU Delhi, proposed the Vote-of-thanks. CTCL-NLUD is grateful to HDJ Arjan Kumar Sikri, HMJ Rajiv Sahai Endlaw, Prof. Dr. Ranbir Singh and Prof. Dr. G. S. Bajpai  for their continuous encouragement. He also thanked Singapore International Arbitration Centre (SIAC) and Mr. Pranav Mago, the South Asia Head of SIAC, for kindly supporting and generously promoting the event. Thanks due to the UNCITRAL RCAP Regional Head, Mr. Joao Ribeiro, and all its officials, for providing  opportunity to host this prestigious event at NLU Delhi. CLCL-NLUD also thanks all the speakers of various sessions, participants of Seminar, and the support staff of the NLUD along with the volunteers. Special thanks to the student organising team, who tirelessly worked for the last two months to make this event a success. Participants consisted of law professors, practitioners, Ph.D. candidates and students of law from various National Law Universities, and other prominent law institutions across India.