The 2023 UNCITRAL South Asia Conference, jointly organized by the Ministry of External Affairs (MEA), UNCITRAL, and the UNCITRAL National Coordination Committee for India (UNCCI), marked a significant moment in India’s engagement with international trade law.
Inaugurated by Chief Justice of India (CJI) Dr Justice DY Chandrachud, the event witnessed the presence of prominent figures like Minister of State for External Affairs Dr Rajkumar Ranjan Singh, Attorney General for India R Venkataramani, Secretary of UNCITRAL Ms. Anna Joubin-Bret, and renowned jurist Fali S Nariman.
This three-day conference, following the 2016 event celebrating 50 years of UNCITRAL, aimed to foster interaction between UNCITRAL, the judiciary, bureaucracy, academia, and the legal community in India. It sought to further India’s involvement in UNCITRAL’s activities and its commitment to international trade law.
The MEA’s Economic Diplomacy division established an arbitration cell, serving as a repository for investment treaty, UNCITRAL, and arbitration-related matters. Over the years, this division has organized conferences and workshops, acknowledged by CJI Chandrachud, emphasizing India’s role in shaping UNCITRAL’s agenda.
In his inaugural address, CJI Chandrachud highlighted the progress made since the 2016 conference, particularly regarding Investor-State Dispute Settlement (ISDS) reforms. He stressed the importance of creating a balanced system for resolving investor-state disputes, addressing concerns about the disadvantages faced by developing countries under current international investment laws.
Dr Rajkumar Ranjan Singh emphasized India’s long-standing relationship with UNCITRAL, being one of its first 29 member states. He also highlighted the economic progress in the South Asian region and its diversity.
Attorney General Mr. R Venkataramani discussed the challenges facing the investment treaty regime and advocated for a Declaration on Global Investment Law, with hopes for a New Delhi Convention.
Secretary of UNCITRAL, Ms Anna Joubin-Bret, provided insights into UNCITRAL’s ongoing projects and the status of its working groups.
Fali S Nariman, Chair of UNCCI, concluded the inaugural session by addressing issues within the international arbitration system, including the debate on arbitrator bias. He called for a balanced and fair arbitration system.
The conference saw the presence of Supreme Court judges, High Court judges, senior advocates, legal experts, academics, and government officials.
The conference’s comprehensive agenda included sessions featuring global and regional experts discussing topics like the digital economy, MSMEs and access to credit, insolvency, ISDS reform, international commercial arbitration, and mediation. The High-level Roundtable on Regional Perspectives on UNCITRAL and the final day’s focus on alternative dispute resolution developments, including making India an arbitration hub, were among the highlights.
The MEA’s Economic Diplomacy division played an active role in UNCITRAL’s activities, particularly ISDS reforms and promoting India as an arbitration hub. Through this conference, the ministry aimed to engage with the legal community and policymakers, promoting India’s role in international trade law and capacity building to enhance business ease.