Partner MATRAY MATRAY & HALLET
Board member CEPANI
At the occasion of the 82nd session of Working Group II of UNCITRAL in Vienna, held from 13 to 17 October, CEPANI participated in its role as observer, to discuss key issues surrounding the recognition and enforcement of arbitral awards in electronic form. CEPANI was represented by its president Benoît Kohl, Secretary-General Emma Van Campenhoudt and board member Sigrid Van Rompaey.
In 2024, the Commission mandated Working Group II to work on the recognition and enforcement of electronic arbitral awards and, subsequently, on electronic notices of arbitration. During the previous session in New York, there was a general consensus that regarding the New York Convention (NYC), no amendments to the Convention itself are necessary, though the form of any potential new instrument remained undecided.
During this 82nd session, the first two days, the Working Group continued its deliberations on the recognition and enforcement of electronic awards in broad consensus. At the outset it was agreed that the recommendation regarding the interpretation of the New York Convention would be non-binding and would not amend the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention). It was reiterated that there was significant practical importance in preparing a recommendation in line with the growing recognition of electronic communications and arbitral awards in electronic form to ensure the recognition and enforcement of such awards.
Furthermore, the Working Group began its deliberations on electronic notices of arbitration, a topic that sparked more vibrant discussions among the delegations. The Group engaged in an in-depth exchange on potential approaches to the delivery and receipt of electronic communications in general, and to notices of arbitration in particular.
In preparation of the 83rd session, it was agreed that delegations would provide the secretariat with information on their existing legislation concerning the delivery and receipt of electronic communications or notices of arbitration, as well as on how such legislation is applied. Since Belgium has taken a leading role in this matter following the 2024 amendment allowing arbitral awards to be rendered and enforced electronically, it will continue to provide its support to the Working Group’s Secretariat on this issue.
Stay tuned for further deliberations, following the Secretariats note based on the different proposals form the delegations on this topic, scheduled in New York in February 2026.