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 United Nations Commission on International Trade Law

 

Introduction

UNCITRAL is the main legal body of the United Nations Systems in the field of international trade law. It was established in 1966 and main objective of establishing institute was to develop a law governing international trade which used address obstacles to the flow of trade, and it regarded the commission as the Vehicle by which the United Nations could play a more active role in reducing or removing these obstacles. 

   Cambodia Myanmar Lao PDR Thailand Vietnam Yunnan, China
Ministry/ Agency Ministry of foreign Affairs Ministry of Commerce Ministry of Commerce Ministry of Commerce Ministry of Foreign Affairs, Ministry of Justice Ministry of Foreign Affairs Provincial Government, China Ministry of Foreign, Ministry of Commerce
Member of the Commission no no no Yes no Yes
Membership Expired -- -- -- 2010 -- 2007
InternationalSale of Goods and Related Transaction 1980, Vienna
Contract for the International  Sales Of Goods-
-- -- -- -- --

 

Approval, January 1988,
Upon approving the convention PRC declared that it did not consider it self bound by sub paragraph (b) of Paragraph (1) of Article (1) and article (11) as well as the provisions in the Convention relating to the article (11).
In May 2001, Federal District Court (California) China National metal products Versus Apex digital. Reproduced with permission from UNCITRAL
International Commercial Arbitration and Conciliation
Recognition and Enforcement Foreign Arbitration Awards Model Law of International commercial arbitration

 

Accession, May 1988 --

 

Accession, September 1998 Accession, March 1960
Approval
!927 Convention (Geneva) on the Enforcement of  Foreign Arbitration Awards , the 1958 Convention (New York) on Recognition and Enforcement of Foreign Arbitrary Awards and Treaty of Amity and Economic Relation between Thailand and USA ,are covered by the Arbitration Act of 1987, This Act states clearly the preconditions for enforcement as well as reservation made by Thailand under both the Geneva and New York Conventions. Institutional commercial arbitration may be conducted in Thailand under the supervision of the Arbitration Tribunal of the Board of Trade ( The Thai Chamber of Commerce) or under the rules called the        " Thai Commercial Arbitration Rules". 
The Arbitration Office of the Ministry of Justice adopted its own arbitration rules. 
These rules are quite comprehensive and substantially reflect a combination of the ICC and UNCITRAL\'s and American Arbitration Association\'s rules.
The Civil and Commercial Code, Section 850- 852 and Civil Procedure Code, Section 138, for conciliation and  agreements. The Arbitration Act B.E.2530 (1987) for extra judicial Arbitration.
Accession, December 1995 Vietnam declared that the interpretation of the Convention before the Vietnamese Courts or competent authorities should be made in accordance with the Constitution and the Law of Vietnam.
Approval
Vietnam has had no legislation governing international commercial arbitration. The National Assembly is considering a draft Ordinance  based on the UNCITRAL Model Law with the objective of harmonizing Vietnam\'s arbitration law with those of the international community.
A number of laws  provide for specific  arbitration such as the Maritime Code of Vietnam, the Law of Civil Aviation of Vietnam, Commercial Law.
 Current Economic Arbitration Centre settles domestic economic disputes. The rules of this centre promulgated by Decree 116/CP dated 5 September 1995 are largely identical to the Rule of Procedure of VIAC.
Accession April 1987
Approval, China, International Economic & Trade Arbitration Commission, The China Maritime Arbitration Commissionwww.arbitration.org.cn
The China Council for the Promotion of International Trade (CCPIT) is also the original parent organization in China for  international economic and trade arbitration
Insolvency
Cross Border Insolvency
The UNCITRAL legislative guide on privately Financed International Project (2001) helps to draft legislation on Cross Border    Insolvency,
 

 
The Thai petroleum Industry CO(TPI) case has been the largest bankruptcy case in Thai  Legal System to date.
 
Bankruptcy law of the PRC applies to the following civil subjects (a) Enterprise Legal entities                 (b) Partnership enterprises and this  partners individual proprietorship enterprises investors. (c ) Profit making organizations  established in accordance with law.
Electronic Commerce -- -- -- Thailand has enacted an Electronic Transaction Act 2 December 2001, It is a modern and comprehensive set of 46 sections based on the UNCITRAL Model Law on Electronic Commerce. The UNCITRAL Model Law defines 6 basic e-commerce terms in article 2. This Act has specified the definition of 17 important basic concepts among which "electronic transaction", "data message", \'electronic signature", "electronic data interchange" -- --

More information

www.iiiglobal.org/country/index.html

 

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