On February 7–11, the ICLRC took part as an observer in the 40th session of UNCITRAL Working Group VI where a summary review of a Draft Convention on the Recognition of the Judicial Sale of Ships was held.
Delegations shared their opinions on the sole jurisdiction of the state of sale of a ship regarding the avoidance of the agreement of the judicial sale of a ship. They also discussed in which case it is acceptable to refer to а public policy to refuse to apply the consequences of the sale of a ship; considered complex issues of the entry of the Convention into force and its extending on the lasting process of the sale of a ship as well as correlations with other international agreements.
The external expert of the ICLRC Igor Yastrzhembskiy highlighted a number of concerns. In particular, he met with support on such an issue that the sale certificate may enjoy the provisions of other international agreements on apostille legalization of the documents. There was also a positive response on the restriction of rights of subsequent purchasers in order to prevent the free circulation of the certificate. Besides this, participants supported a point of the expert on an issue of the termination of only those charges that were registered before the sale, etc.
On February 22, the ICLRC will hold the event, within which the participants will discuss issues important for the understanding of the upcoming Convention, its application, and implementation into national law. Among speakers will be representatives of UNCITRAL and delegations of China, Switzerland, Germany, Russia, and the Comité Maritime International. Igor Yastrzhembskiy will be the moderator of the event. Participation is free.
