UNCITRAL Webinar on "International experiences with the dematerialization of negotiable transport documents"
Following the consideration of the proposal by China (A/CN.9/998) and a note by the Secretariat (A/CN.9/1034) on possible future work by UNCITRAL towards the development of a negotiable transport document, UNCITRAL, at its fifty-second session, requested its secretariat to conduct research on legal issues related to the use of railway or other consignment notes, and at its fifty-third session, UNCITRAL requested its secretariat to start preparatory work towards the development of a new international instrument on multimodal negotiable transport documents that could be used for contracts not involving carriage by sea. UNCITRAL concurred with the assessment of its secretariat that the inclusion of electronic transport documents in that work would be particularly timely for supporting the new types of supply chain and logistics models expected to develop in response to the widespread business disruptions caused by the COVID-19.
The results of the exploratory and preparatory work conducted by the secretariat indicated that the work on a negotiable transport document should primarily focus on electronic negotiable transport documents (ENTDs) being used for different modes of transportation, not limited to maritime, and different combinations thereof (multimodal transportation). ENTDs intended to encompass also electronic transport documents, which were, although non-negotiable/non-transferable, fulfilled functionalities of document of title (e.g., a straight bill of lading).
While UNCITRAL accumulated some expertise and knowledge on the subject of ENTDs in conjunction with its work on the Rotterdam Rules and the Model Law on Electronic Transferable Records (MLETR), relevant laws, regulations, standards, practices and case law had evolved, requiring their new survey. To that end, the UNCITRAL secretariat organized on 13 and 14 April an open webinar to assess ENTD-related legal developments and seek views of the wide legal community on them.
- Electronic Transferable Records and Dematerialization of Trade Documents (Day 1)
- Dematerialization of Negotiable Transport Documents: challenges and opportunities (Day 2)
- by Guo Yu (Peking University)
- by Alan Davidson (University of Queensland)
- by Oswald Kuyler (ICC Asia)
- by Hans Huber (Commerzbank)
- by Xu Jun (Bank of China)
- by David Sauv (IATA)
- by Erik Evtimov (CIT)
- by Jens Huegel (IRU)
- by Alexander von Ziegler (University Zurich)
- by Paul Mallon (Bolero)
- by Marina Comninos (essDocs)
- by Patrick Vlačič (CargoX)
Day 1 - Tuesday, 13 April 2021, 9:30 a.m. - 12:30 p.m. CET
Electronic Transferable Records and Dematerialization of Trade Documents
Opening of the webinar and greeting of participants
Electronic transferable records: UNCITRAL standards and domestic experiences
Regulatory and industry responses to the dematerialization of trade documents
Conclusion and closing
Day 2 - Wednesday, 14 April 2021, 9:30 a.m. - 12:30 p.m. CET
Dematerialization of Negotiable Transport Documents: challenges and opportunities
Greeting of participants and opening of the second day
International standards for the dematerialization of transport documents
Dematerialized negotiable transport documents: industry and regulatory responses
Conclusion and closing