Fletcher Moot.
UNCITRAL
UNCITRAL Working Group V
The Ian Fletcher Moot is proud to be supported by UNCITRAL Working Group V (WGV). Each year UNCITRAL offers a prize for our Best Mooter in the finals to attend a session of WGV, either in Vienna or New York.
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What is UNCITRAL Working Group V?
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The United Nations Commission on International Trade Law is the core legal body of the United Nations system in the field of international trade law. A legal body with universal membership specializing in commercial law reform worldwide for over 50 years, UNCITRAL's business is the modernization and harmonization of rules on international business.
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Working Group V specialises in Insolvency Law. The 64th session, held in May 2024 in New York, was attended by the winner of the 2023 Best Mooter Award, Nikhita Nair, University College London, UK.
Report from Stephanie Heng on WG V April 2025
In the weeks leading up to my trip to New York for the 66th Session of UNCITRAL Working Group V, I found myself reading the reports written by past winners of the Best Mooter in the Finals Award to get a sense of what to expect. Having been fortunate enough to receive the same award after competing in the 2025 edition of the Fletcher Moot, I was both excited and slightly daunted, unsure of what to expect. Now, I echo the sentiments of those who came before me: witnessing the law-making process unfold revealed the collaborative and meticulous nature of international law drafting, where every phrase is carefully negotiated to balance diverse legal systems, policy goals, and linguistic precision.
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​During the session, the Working Group focused primarily on two key topics: (a) legal issues arising from asset tracing and recovery in insolvency proceedings; and (b) applicable law in insolvency
proceedings. Significant progress was made on the first topic, where the draft toolkit and background notes on asset tracing and recovery in insolvency proceedings were further refined. It was satisfying to see the draft toolkit nearing completion and now expected to be finalised by the UNCITRAL Commission at its 58th session, marking a significant milestone in the development of practical guidance for States in designing a legal framework to expedite asset tracing and recovery.
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In contrast, discussions on the applicable law in insolvency proceedings proved more challenging. Delegates expressed a range of views, reflecting the diversity of national approaches to private international law and the treatment of cross-border insolvency issues. Unlike the draft toolkit, which had benefited from a more practical and technical focus, the applicable law discussions raised deeper questions of legal tradition and policy preference. It became clear that there are a multitude of scenarios in which the determination of applicable law plays a critical role, from avoidance actions to the ranking of claims and treatment of security interests. The Working Group recognised the need to proceed carefully, to avoid introducing inconsistencies or outcomes that could unfairly prejudice parties. As such, further discussion is expected in future sessions.
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A potential applicable law for arbitration in the context of insolvency proceedings also sparked considerable discussion. While some delegates preferred that the text remain silent on arbitration, citing difficulties in navigating competing policy objectives, others highlighted the potential benefits of facilitating coordination between insolvency and arbitral processes. As someone who developed an interest in alternative dispute resolution through co-curricular activities, I found these discussions especially compelling. It was a reminder of how arbitration’s evolving role in insolvency continues to provoke both doctrinal and practical debate at the international level.
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I was also given the valuable opportunity to contribute to the Session by summarising the discussion on exceptions to the lex fori concursus rule for the report on the Session, prepared by UNCITRAL. This allowed me to engage closely with the materials and gain firsthand experience in the process of documenting intricate multilateral negotiations.
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Aside from observing the session, I had the chance to meet and engage with several practitioners and experts from around the world. I would like to extend my sincere thanks to all these individuals—many of whom have been mentioned in previous reports referenced below—who took great care of me. The Working Group truly has a collegiate culture that made the experience both warm and enriching. I am also grateful to INSOL for providing me with this once-in a lifetime opportunity that I have not seen similarly offered in other moots. Above all, I am thankful to the people who I started this journey with and could not have made it this far without them. This includes my professors, coaches and teammates Shermane, Ryan and Chester.
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As a student, I’ve spent years learning what the law is and how it can be argued. In New York, I witnessed how the law becomes what it ought to be. I leave New York inspired and eager to keep learning.
Report from Anasruta Roy on WG V December 2024
In early 2024, I received the Best Speaker Commendation at the Ian Fletcher International Insolvency Law Moot 2024. This achievement led to an incredible opportunity when INSOL International invited me to participate as an observer at the UNCITRAL Working Group V proceedings.
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I cannot express enough gratitude to INSOL International for their exceptional generosity in providing comprehensive sponsorship, covering everything from international travel and accommodation to daily allowances – their support made this extraordinary experience possible. This experience would never have been possible without Harriet Norman coordinating the entire process and thoughtfully checking in at every juncture.
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The journey took me to Vienna for the 65th session of Working Group V from December 16-20, 2024, where I had the privilege of witnessing firsthand how the legal texts, we placed reliance on as mooters actually came into being. The session was thoughtfully organized into two main segments, with the first two days focused on finalizing the toolkit for Asset Tracing and Recovery, while the latter half delved into deliberations on applicable law.
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What made this experience particularly fascinating was seeing these two topics at different stages of development – one nearing completion and requiring careful refinement while the other was still in its early phases, each demanding its own unique approach to discussion and decision-making. The Working Group also engaged in valuable discussions about future work streams and the potential for a symposium to better define their scope.
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One of the most enlightening aspects of the experience was observing the extraordinary attention paid to language selection. Every word added or removed underwent careful deliberation, which gave me a deeper appreciation of the texts we came across during the course of the moot. Seeing this level of precision at work in creating international legal instruments was both humbling and inspiring.
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I am especially grateful to the remarkable individuals who made this experience so meaningful. Ms. Samira Musayeva and Mr. Benjamin Herisset from the Secretariat provided invaluable guidance throughout the conference. The opportunity to interact with Chairman Harold Foo, representatives from IWIRC, Ms. Clara Wee from INSOL International, and Judge Elizabeth Stong (whom I remembered from the moot) was invaluable. I was particularly touched by the warmth and generosity shown through experiences like the private guided tour of the Wien Museum and the wonderful dinner hosted by Ms. Pooja Mahajan from IWIRC, where I had the privilege of learning from these accomplished professionals about their inspiring career journeys.
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The collaborative spirit within the Working Group was truly remarkable. Watching delegates from diverse legal backgrounds work together to create universally applicable instruments, despite their different national legal frameworks, was inspiring. The United Nations environment itself was fascinating, with its unique conference protocols and formatting conventions. I feel particularly fortunate to have met the UN back-office interns and to thank the brilliant minds behind the CLOUT case summaries that we rely on so heavily in our research.
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Looking back, I can't help but feel that the Ian Fletcher Moot has provided me with an unparalleled gateway into the world of international insolvency law. This experience has been transformative, reinforcing my passion for the law and opening doors I never imagined possible. I encourage everyone to embrace such opportunities when they arise – they truly have the power to reshape your perspective on legal practice and professional growth.
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I am profoundly grateful for this experience that connected academic competition with real-world legal development, while allowing me to build meaningful connections with leading professionals in the field. It was, without doubt, a reminder of why I fell in love with law in the first place.​​
Report from Anasruta Roy on WG V December 2024
In early 2024, I received the Best Speaker Commendation at the Ian Fletcher International Insolvency Law Moot 2024. This achievement led to an incredible opportunity when INSOL International invited me to participate as an observer at the UNCITRAL Working Group V proceedings.
​
I cannot express enough gratitude to INSOL International for their exceptional generosity in providing comprehensive sponsorship, covering everything from international travel and accommodation to daily allowances – their support made this extraordinary experience possible. This experience would never have been possible without Harriet Norman coordinating the entire process and thoughtfully checking in at every juncture.
​
The journey took me to Vienna for the 65th session of Working Group V from December 16-20, 2024, where I had the privilege of witnessing firsthand how the legal texts, we placed reliance on as mooters actually came into being. The session was thoughtfully organized into two main segments, with the first two days focused on finalizing the toolkit for Asset Tracing and Recovery, while the latter half delved into deliberations on applicable law.
​
What made this experience particularly fascinating was seeing these two topics at different stages of development – one nearing completion and requiring careful refinement while the other was still in its early phases, each demanding its own unique approach to discussion and decision-making. The Working Group also engaged in valuable discussions about future work streams and the potential for a symposium to better define their scope.
​
One of the most enlightening aspects of the experience was observing the extraordinary attention paid to language selection. Every word added or removed underwent careful deliberation, which gave me a deeper appreciation of the texts we came across during the course of the moot. Seeing this level of precision at work in creating international legal instruments was both humbling and inspiring.
​
I am especially grateful to the remarkable individuals who made this experience so meaningful. Ms. Samira Musayeva and Mr. Benjamin Herisset from the Secretariat provided invaluable guidance throughout the conference. The opportunity to interact with Chairman Harold Foo, representatives from IWIRC, Ms. Clara Wee from INSOL International, and Judge Elizabeth Stong (whom I remembered from the moot) was invaluable. I was particularly touched by the warmth and generosity shown through experiences like the private guided tour of the Wien Museum and the wonderful dinner hosted by Ms. Pooja Mahajan from IWIRC, where I had the privilege of learning from these accomplished professionals about their inspiring career journeys.
​
The collaborative spirit within the Working Group was truly remarkable. Watching delegates from diverse legal backgrounds work together to create universally applicable instruments, despite their different national legal frameworks, was inspiring. The United Nations environment itself was fascinating, with its unique conference protocols and formatting conventions. I feel particularly fortunate to have met the UN back-office interns and to thank the brilliant minds behind the CLOUT case summaries that we rely on so heavily in our research.
​
Looking back, I can't help but feel that the Ian Fletcher Moot has provided me with an unparalleled gateway into the world of international insolvency law. This experience has been transformative, reinforcing my passion for the law and opening doors I never imagined possible. I encourage everyone to embrace such opportunities when they arise – they truly have the power to reshape your perspective on legal practice and professional growth.
​
I am profoundly grateful for this experience that connected academic competition with real-world legal development, while allowing me to build meaningful connections with leading professionals in the field. It was, without doubt, a reminder of why I fell in love with law in the first place.​​
Report from Nikhita Nair on WG V May 2024
One year ago, I participated in the Ian Fletcher International Insolvency Moot 2023 and was awarded the Best Speaker of the Final Round. Consequently, INSOL kindly arranged for me to observe UNCITRAL’s 64th Working Group V (WG V) session. From 13 to 17 May 2024, I had the incredible experience of flying to New York to attend the 64th WG V Session at the United Nations Headquarters.
Scanning my conference pass and walking into a room full of international delegates was a surreal experience. Each table had earpieces connected to real-time translations of the discussion. It struck me then that being in an international arena posed a distinct challenge; delegations must work with both different languages and a diverse set of legal systems.
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In the session, WG V discussed a ‘toolkit’ and accompanying explanation to guide States in civil asset tracing and recovery in insolvency proceedings, and a draft legislation with commentary on applicable law in insolvency proceedings. I was impressed by how the Working Group scrutinized the Working Papers line-by-line, looking at the implication of each word. For example, in the discussion of ex parte measures in civil asset tracing, the definition of ex parte measures, i.e. whether it required notice be given, varied by jurisdiction.
The applicable law project highlighted the challenges WG V faces in harmonizing insolvency law where public policy imperatives come into play. For instance, where protections for secured creditors applying the lex fori concursus (the law of the State in which proceedings have been opened) differed from the law of the jurisdiction being asked to apply it, delegations noted that safeguards were needed to prevent secured creditors from being deprived of protections in the insolvency element. Complexities also arise where arbitration and financial systems are involved; these are areas WG V will continue to address in future sessions on the applicable law topic.
One observation I made was that WG V was collaborative. The United Kingdom’s representative, who was retiring from WG V, said in his farewell that WG V had always been a collegiate body. As WG V operates by consensus, I witnessed how delegations were willing to focus on areas of agreement to make tangible progress in each project.
I am deeply grateful to Samira Musayeva, Secretariat of WG V and Benjamin Herisset, Legal Officer in the Secretariat, for their guidance throughout the conference. I am also extremely grateful for the care that INSOL showed me. INSOL and UNCITRAL facilitated my attending various social events: dinner with the Chairman of the WG V Session, Harold Foo, who shared his insights on insolvency law in Singapore and lunch with Clare Wee, INSOL’s Regional Head for Asia (who was acting as INSOL’s representative for WG V) and the Singapore delegation were highlights of the week. I also attended a panel and drinks session organised by IWIRC, III and UNCITRAL at One Vanderbilt – happily ticking off my goal of seeing the Manhattan skyline. A moment that stood out to me was Ontario Chief Justice Geoffrey Morawetz sharing about the creation of the MLCBI, particularly in response to cross-border insolvencies where there were no secured creditors to lead the charge. Having spent months mooting on the MLCBI, hearing about its inception was inspiring and deeply educational.
Aside from the conference, I explored the both tourist-areas and back-offices of the UN. Additionally, I had the chance to have lunch with interns from the UN Office of Legal Affairs, leaving with new friends and a deeper understanding of the UN. Thankfully, I extended my trip and had the chance to explore New York and meet old friends as well!
I entered the Fletcher Moot knowing nothing about international insolvency law. I came out of the WG V session hoping to continue learning about this field of law. To echo my predecessor who attended the last WG V Session, “I recommend any student thinking about participating to dive straight in! Before I did the moot I had never encountered insolvency law. Now I am hoping to practice in it.”
Report from William Liu on WG V December 2023
After being awarded best oralist in the 2022 Fletcher Moot, INSOL International generously granted me a stipend to observe the UNCITRAL Working Group V on Insolvency in Vienna, from 11–15 December 2023. INSOL sponsored my flights and accommodation, and arranged for me to have access to the Vienna International Centre. It was incredible being inside the UN building, seeing the famous flags, the snow, and the exhibits. I’m grateful to Samira Musayeva, the Secretary of Working Group V, for hosting me; and to Anne Mostad-Jensen, the UNCITRAL Legal Librarian, for being my guide throughout the five days.
Once I stepped into the conference room, I saw hundreds of representatives from States and organisations all around the world. Everyone was deeply experienced in insolvency law, both from a legal and a policy perspective. There were two key items of discussion. The first was a ‘toolbox’ to guide States in their efforts to trace and recover assets disposed of by insolvent debtors. The second was draft legislation, with commentary, on applicable law in insolvency proceedings. I was impressed by how closely the Working Group scrutinised both texts, paragraph by paragraph, often descending into the implications of a specific word.
William Liu with the team from Monash University 2022.
I learned a lot about substantive insolvency law. For instance, I learned about the various ways in which different jurisdictions provide for asset recovery: from avoidance (as distinct from actio pauliana), to a familiar device in my own common law jurisdiction, the constructive trust. Other topics of interest included cooperation between judiciaries, registers of assets and security interests, and interim orders to preserve assets.
I also learned a lot about the policy imperatives motivating insolvency law. It became clear to me that a coherent and predictable insolvency law made lending safer, and thereby had the potential to lead to a more efficient and productive economy. This was particularly pronounced during the choice of law discussions.
A third thing I learned about was the cooperation needed in a cross-border context. States and observers were respectful, and always listened closely to what others had to say before responding in a considered manner. It was also impressive how they transcended linguistic borders. On the final day, a delegate suggested that the French version of a text would result in an inconsistent outcome as compared to, say, the English version. He was invited to re-draft the relevant passage, and shortly after, his draft was incorporated. To have people working in six languages at once, and for them all to understand each other, thanks to real-time interpretation, was extraordinary.
I was also grateful to the care shown to me by INSOL. I had thought that I would be wandering the streets of Vienna at night by myself (which would have been nothing to complain about!), but instead I was invited by INSOL’s President (who was also Australia’s representative in the Working Group), Scott Atkins, to various social events: from drinks evenings where I had the chance to meet States’ representatives, to more intimate dinners where I got to speak to INSOL practitioners from all around the world. Thankfully I did get to explore the Christmas Markets and have a mug of Glühwein in the end! With a few palaces and museums in between.
Participating in the Fletcher Moot, and visiting the Working Group in Vienna, have been incredible experiences I won’t forget. I express my deep gratitude to INSOL International, UNCITRAL, and the Fletcher Moot, and its sponsors and supporters, for making this all possible. And I recommend any student thinking about participating to dive straight in! Before I did the moot I had never encountered insolvency law. Now I am hoping to practice in it.
Foundation Sponsors
It is with great appreciation that we acknowledge the foundation sponsors for the Ian Fletcher International Insolvency Law Moot.
