Case Law on UNCITRAL Texts (CLOUT)

Harmonization of international trade law in practice requires that the laws concerned are interpreted in a uniform manner. Many UNCITRAL texts contain the principle that in interpreting the texts concerned, judges and arbitrators should consider the international origin of the law and the need to promote uniformity in its application. 

In order to support consistency in decisions and awards on its texts, UNCITRAL established a system in 1988 to collect and disseminate information on court decisions and arbitral awards relating to UNCITRAL texts. This system is called the Case Law on UNCITRAL texts, otherwise known as ‘CLOUT’. 

By promoting the uniform interpretation and application of UNCITRAL texts, CLOUT enables lawyers and parties to commercial transactions, and other interested persons, to take those cases into account in concluding their transactions. It reinforces the confidence of the international business community in the consistent application of international trade law in all countries concerned. CLOUT also operates as a useful tool to support continued and sustained capacity-building to legal professionals in the use and implementation of UNCITRAL texts. CLOUT is a useful resource for judges, practitioners, academics, businesses and students, among others. 

Each case in CLOUT includes a short summary of the case, termed “CLOUT Abstract”. CLOUT abstracts are published in all six official languages of the United Nations. Abstracts prepared after August 2024 are published as single abstracts to enhance searchability and user accessibility of the CLOUT database. Abstracts prepared before August 2024 are published in “CLOUT issues” containing multiple abstracts. 

Where available, a link to the full text of a decision in its original language is included in the heading of the CLOUT abstract. References to websites other than official United Nations websites do not constitute an endorsement of that website by the United Nations or by UNCITRAL. Furthermore, all links contained in CLOUT abstract documents are only guaranteed to be functional as of the date of submission of the document. 

CLOUT abstracts on cases interpreting the UNCITRAL Model Law on International Commercial Arbitration include keyword references which are consistent with those contained in the Thesaurus on the Model Law, prepared by the UNCITRAL secretariat in consultation with National Correspondents. CLOUT abstracts on cases interpreting the UNCITRAL Model Law on Cross-Border Insolvency also include keyword references. 

Basic case information and CLOUT abstracts are published in the searchable CLOUT Database, freely accessible worldwide. CLOUT abstracts are also available in the United Nations Official Documents System (ODS).

The CLOUT system relies on an international network of contributors with an expertise in international commercial law. The CLOUT Network monitors relevant court decisions and arbitral awards, collects information on potential CLOUT cases, prepares CLOUT abstracts and submits these documents to the UNCITRAL secretariat. Members of the CLOUT Network are:

  • National correspondents, who are designated by States that are parties to an UNCITRAL Convention or that have enacted legislation based on an UNCITRAL text
  • Institutional partners 
  • Voluntary contributors 

The UNCITRAL secretariat invites voluntary contributors to support the CLOUT Network by submitting potential CLOUT abstracts or by bringing information about relevant cases to the attention of the UNCITRAL secretariat. Those interested should contact uncitral@un.org.

Useful information about the features of the CLOUT system and its use is provided in the CLOUT User Guide. That document together with the Quick start guide and samples of abstracts form the official UNCITRAL CLOUT Guidelines for the preparation of CLOUT abstracts (see also the CLOUT Network web page). 

 

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Digests
Thesauri
CLOUT Network (contributors to the CLOUT System)