Reference: LA/TL 133 (15-1) 45th
The Secretariat of the United Nations presents its compliments to the [ ... ] and has the honour to inform the Government that, following expressions of support from a number of delegations at the forty-fourth session of UNCITRAL Working Group V (Insolvency Law) (16-20 December 2013), the Working Group agreed that it might be appropriate to study the feasibility of developing a convention on international insolvency law that would address issues such as access, recognition, cooperation and communication. The study would also gather information on the issues facing States with respect to adoption of the UNCITRAL Model Law on Cross-Border Insolvency. The Working Group suggested that the study might be conducted informally by an ad hoc group of interested delegations that could provide information to the Working Group for further discussion. The secretariat of UNCITRAL was requested to facilitate such efforts on the part of interested delegations ( A/CN.9/798, paras. 18-19).
The secretariat of UNCITRAL would like to draw the attention of the Government to the formation of this ad hoc group and encourage participation by the Government, in view of the desirability of studying the feasibility of such a convention and of understanding the obstacles to wider adoption of the UNCITRAL Model Law. The secretariat would also like to draw the attention of the Government to the Commission's decision at the time of adoption of the Model Law in 1997, that it should evaluate the impact of, and experience with, the Model Law before making any decision to draft a convention ( UNCITRAL Yearbook Vol. XXVIII: 1997, Part Two, para. 20, p. 47).
The Secretariat would be grateful if the Government would inform Ms Jenny Clift, the secretary of UNCITRAL Working Group V (email: jenny.clift [at] uncitral.org, fax (43-1-26060-5813) of the names of any representatives that might wish to participate in the ad hoc group. Arrangements for communication between the members of the ad hoc group and possible meetings will be made once indications of interest have been received. It would be appreciated if that information could be communicated before 14 March 2014.
31 January 2014