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Instruments

1. UNCITRAL United Nations Commission on International Trade Law
Samira Musayeva
Senior Legal Officer
UNCITRAL secretariat
UNCITRAL project on a new
international instrument on negotiable
multimodal transport documents

2. UNCITRAL United Nations Commission on International Trade Law

3. UNCITRAL United Nations Commission on International Trade Law

4. UNCITRAL United Nations Commission on International Trade Law
Introduction to the project
2019
-Proposal by China to prepare an international instrument that would provide for recognition of
negotiable railway consignment notes (A/CN.9/998)
-Commission’s recognition of the importance of the topic and request to its secretariat to
conduct research on legal issues related to the use of railway or other consignment notes, and
to coordinate with relevant organizations (A/74/17, paras. 216-217)
2020 and 2021
-Consideration of the secretariat reports (A/CN.9/1034 and A/CN.9/1061);
-Commission’s agreement that there is a demand for a negotiable transport document in
carriage by modes other than sea carriage, in particular by railway; request to the 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 (A/75/17, part two, paras. 81-82); agreement to give high priority to the project
for assignment to the next available working group (A/76/17, paras. 223-224)
Deliberations in
the Commission
•1
st
Expert Group Meeting in conjunction with the High-Level Symposium on the Use of
Railway Consignment Note and the Future Legal Framework of International Trade
(Chongqing, 11-12 December 2019)
•2
nd
Expert Group Meeting on the Use of Railway Consignment Notes and Possible Future
Work by UNCITRAL on Documents of Title in Multimodal Transport (15–16 April 2020)
•3
rd
Expert Group Meeting on the Possible Future Work by UNCITRAL on Negotiable
Multimodal Transport Documents (2-3 February 2021)
•Open webinar on “International experiences with the dematerialization of negotiable
transport documents” (13-14 April 2021)
•4
th
Expert Group Meeting on a New International Instrument on Negotiable Multimodal
Transport Documents (10-11 November 2021)
•5
th
Expert Group Meeting on a New International Instrument on Negotiable Multimodal
Transport Documents (30-31 March 2022) focusing on dematerialization aspects
Preparatory work
by the UNCITRAL
secretariat

5. UNCITRAL United Nations Commission on International Trade Law
The project proceeds in close coordination and cooperation
with, among others:
•interested Governments
•UNCTAD
•UNECE
•UNESCAP
•ICAO
•OTIF
•OSJD
•ICC
•CIT
•FIATA
•CMI
•IATA

6. UNCITRAL United Nations Commission on International Trade Law
Main issues
•Interaction of a negotiable document with a
transport document, if any
•Interface with existing transport regimes, in
particular on liability
•Transferability and negotiability of a
document or record in the digital world and
issues of authentication and identification
in that context

7. UNCITRAL United Nations Commission on International Trade Law
Next step
Consideration of the progress report of the
secretariat by the Commission at its 55
th
session in July 2022
Follow us on https://uncitral.un.org
(section: Working Documents, Commission
sessions) in the six languages of the United
Nations