Procurement-Related Arbitration

A/RES/53/217View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 112 Review of the efficiency of the administrative and financial functioning of the United Nations, published in 1999.

What subjects does this mandate have?

6 subjects

Arbitration Claims Contract Management Contractual Services Internal Oversight Purchasing

What’s in this document?

10 operative paragraphs

Expresses deep concern about the increase of pending procurement-related arbitration claims instituted against the United Nations, which total 56 million United States dollars as at 19 March 1999;

Requests the Secretary-General to submit to it, for consideration at an early stage during its fifty-fourth session, a comprehensive report, taking into account the recommendations of the Office of Internal Oversight Services and the views expressed by Member States on the issue of arbitration, which should cover, inter alia:

The reasons for arbitration cases;

The roles and mandates of various Secretariat structures and negotiating teams in arbitration and settlement processes;

The sources of funding for arbitration awards and settlement payments;

The selection of outside legal counsels and provisions to preclude conflict of interest;

Disciplinary action taken against staff members responsible for wrongdoing that resulted in arbitration;

Pending arbitration cases;

Measures taken or proposed to prevent or reduce contract disputes which might lead to arbitration in the future;

Also requests the Secretary-General, without prejudice to the obligations of the United Nations under the Arbitration Rules of the United Nations Commission on International Trade Law,³ to keep Member States duly informed of all arbitration and settlement cases, inter alia, by clearly identifying such cases as separate items in corresponding financial performance reports and indicating corrective and disciplinary measures taken in this regard.

³United Nations publication, Sales No. E.93.V.6.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

Table of contents