The ELI was represented by Prof em Dr Alexander Trunk (Kiel University, Germany), member of ELI.
The first week (29 June–2 July 2026) was mainly devoted to the finalisation of the Statute of the Advisory Centre on International Investment Dispute Resolution and to the finalisation and adoption of Supplementary Provisions on the Conduct of Proceedings to Resolve International Investment Disputes. After intensive discussions both tasks were successfully completed, with the final decision on the location or locations of the headquarters of the future Advisory Centre being left to a decision by the UN General Assembly. Bangkok and Rabat remain candidates for the headquarters.
In the second week (6–10 July 2026), the progress reports of Working Groups II (Dispute Settlement), III (Investor-State Dispute Settlement Reform), IV (Electronic Commerce), V (Insolvency Law), and VI (Negotiable Cargo Instruments) were discussed. The Commission adopted, in particular, a Recommendation on the interpretation of the New York Convention of 1958 equalising electronic arbitral awards with awards in writing and amendments to the Model Law on International Commercial Arbitration providing for electronic communications including notices of arbitration and for electronic awards (WG II). The report of WG III was linked to the discussions in the first week. As to electronic commerce, the Commission took note of various projects of WG IV, including a project on model legislative provisions about contracts for the provision of data. The Commission urged WG V (Insolvency Law) to finalize its work on the proposed Model Law on Applicable Law in Insolvency Proceedings for adoption by the Commission in 2027. In the context of the report of WG VI, the Commission welcomed the forthcoming signature of the Accra Convention on Negotiable Cargo Instruments in October 2026 and discussed the ongoing work of WG IV on an explanatory note on this convention.
Following the recommendations from the Secretariat’s Report, the Commission adopted its future work program, which focuses on issues relating to electronic commerce, such as dispute resolution in the digital economy, digital payments, digital platforms, secured transactions involving digital assets and consolidation of UNCITRAL texts on electronic commerce. The Commission also agreed to the Secretariat’s cooperation with ELI on the topic of Model Contractual Terms on Automated Contracting (more here). Last but not least the Commission opened the year of UNCITRAL’s 60th anniversary, which will include numerous cooperative events in several countries, including in the context of ELI Annual Conference, more here.
In addition to the Commission’s session several informative side-events took place, eg an event informing about the forthcoming signature of the Accra Convention, a book-launch (Trunk/Garašić/Silvestri (ed): EU International Insolvency Law and Third Countries: Which Way(s) Forward?) and an event featuring Chinese Insights on digital platforms, digital payments and online dispute resolution (Hangzhou Initiative).
Summing-up, the session was very productive, mainly as to ISDS reform and the use of IT in arbitration. The permeating topic of the session was digitalization of commerce. A major topic for the agenda of the session next year will probably be cross-border insolvency.
