CERIL

In New York, from 13 to 17 April 2026 the UNCITRAL Working Group V (WG V) held its sixty-eighth session. Renato Mangano attended the meetings on behalf of CERIL. The days were filled with discussions on the draft Model Law on Applicable Law. Good steps have been made in the running discussions on how to deal with applicable law and avoidance actions, set-off and rights in rem, to name few.  Completion is getting near, which is why the new topics for future work were also considered.

Applicable law

The meetings consisted foremost of discussions and deliberations about a set of already drafted provisions of the “Draft model law on applicable law in insolvency proceedings” (MLAPL) . The topics were: A) Avoidance; B) Set-off; C) Rights in rem; D) Dispute resolution; E) Application of foreign law in concurrent proceedings; F) Exceptions to the lex fori concursus; G) Recognition and relief; and H) Recognition and protection of creditors and other interested persons.

The meetings were fruitful, and substantial progress was achieved. Nevertheless, it was considered that at least one additional session would be required to complete the work. It was further noted that, in principle, the draft model law and the guide to enactment should be finalized concurrently. Therefore, the Working Group expressed their intention to complete the project within a reasonably short time frame.

Looking back and looking forward

The sixty-eighth session was also an occasion to pay tribute to the late Ms Jenny Clift. Former Secretary of Working Group V, and previously a long-time lawyer at the UNCITRAL Secretariat in Vienna. She played a crucial role in the drafting and interpretation of the Model Law on Cross-Border Insolvency (MLCBI).

Last, but not least, during the meetings it was highlighted that 2026 is a special year for UNCITRAL. TUNCITRAL was established by the United Nations General Assembly as long ago as 1966, and now in existence for 60 years. Since then, UNCITRAL has proved to be a successful forum in overcoming significant obstacles to international commerce and reach consensus among State representatives and other stakeholders around the world on key issues of international trade law. ().

The official meetings were supplemented by two informal meetings and a book presentation. More details about this session and the ancillary activities will be given in the separate report. In due course, the official report of the session will also be made available on the UNCITRAL website.

Click here for the detailed report on the sixty-eight session