Herman Verbist, Co-chair of FICA, attended for FICA the 81^th session of UNCITRAL Working Group II (Dispute Settlement) in New York in the week of 3-7 February 2025 where the topic of the recognition and enforcement of electronic arbitral awards was further discussed.

Not only a proposed recommendation regarding the interpretation of the New York Convention, but also some amendments to the UNCITRAL Model Law on International Commercial Arbitration, as well as proposed amendments to the UNCITRAL Arbitration Rules and to the Model arbitration clause in regard to the recognition and enforcement of electronic arbitral awards were discussed. The Working Group requested the Secretariat to prepare revised versions of these proposals for further discussion.

  

FICA was pleased to participate in the discussions in UNCITRAL Working Group II leading to the UNCITRAL Model Clauses on Specialized Express Dispute Resolution (“SPEDR”) including a Model clause on Adjudication.

At the outset of the discussion in UNCITRAL Working Group II, FICA-DACABI has prepared in 2021 a proposal for a Model Law on International Commercial Adjudication which it has shared with UNCITRAL and various delegations of UNCITRAL Working Group II.

Although there was no support to elaborate a Model Law on Adjudication, FICA is pleased that the topic of “adjudication” has been discussed in the framework of the SPEDR Model clauses and that this has led now to an UNCITRAL Model clause on Adjudication.

This will undoubtedly lead to making Adjudication better known as an alternative method to settle commercial disputes in different sectors.

On 30 September 2024, during its 80^th session in Vienna, UNCITRAL Working Group II concluded its work in this field by adopting “Explanatory Notes” which will provide further explanations to the UNCITRAL “SPEDR” Model clauses.