The Best Practices for Effective Enforcement Working Group is composed of:
- Ms Kathryn SABO (Chair) – Deputy Director General & General Counsel, Constitutional, Administrative and International Law Section, Department of Justice (Canada)
- Mr Jason Grant ALLEN (until 2022) – Partner, Stirling & Rose Digital Law (Australia)
- Mr John SORABJI (from Sept. 2023) – Associate Professor, Faculty of Law, University College London (UK)
- Mr Neil COHEN – Jeffrey D. Forchelli Professor of Law, Brooklyn Law School (USA)
- Ms Valeria CONFORTINI – Professor of Law, University of Naples, L’Orientale (Italy)
- Mr Fernando GASCÓN INCHAUSTI – Professor Procedural and Criminal Law Department, Faculty of Law Universidad Complutense de Madrid (Spain)
- Mr HE Qisheng (until May 2023) – Professor of International Law, Beijing University (China)
- Mr LIU Junbo (from May 2023) – Associated Professor, China University of Political Science and Law (China)
- Ms Carla L. REYES (until 2023) – Assistant Professor of Law, SMU Dedman School of Law, Dallas (USA)
- Mr Fábio ROCHA PINTO E SILVA – Pinheiro Neto Advogados, São Paulo (Brazil)
- Ms Teresa RODRIGUEZ DE LAS HERAS BALLELL – Associate Professor of Commercial Law, Universidad Carlos III Madrid (Spain)
- Ms Geneviève SAUMIER – Peter M. Laing Q.C. Professor of Law, Faculty of Law, McGill University (Canada)
- Mr Felix STEFFEK – Professor of Law, Faculty of Law, University of Cambridge (German National)
- Mr Rolf STÜRNER – Emeritus Professor of Law, Albert-Ludwigs-Universität Freiburg (Germany)
The Working Group also counts on a number of Institutional Observers:
- European Bank for Reconstruction and Development (Ms Catherine BRIDGE ZOLLER, Senior Counsel, EBRD and Ms Veronica BRADAUTANU – participating as independent expert from 2022)
- European Commission (DG JUST)
- European Law Institute (Professor Xandra KRAMER, University of Rotterdam, Professor Paul OBERHAMMER, University of Vienna)
- Hague Conference on Private International Law (Ms Ning ZHAO, Senior Legal Officer HCCH)
- International Association of Legal Science (Prof. dr. J.H.M. (Sjef) van Erp, Professor (em.) of Civil Law and European private law, Maastricht University (Netherlands), Visiting professor, Trento University (Italy) and Secretary-General International Association of Legal Science, IALS)
- Kozolchyk National Law Center (NatLaw) (Mr Spyridon BAZINAS, Lead Adviser) (until Sept. 2023)
- Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law (Professor Burkard HESS, Founding and Executive Director, Professor of Civil Law, Civil Procedure, Private International Law)
- Organization of American States (until 2022, Jeannette Tramhel, former Senior Legal Officer, Department of International Law, Secretariat for Legal Affairs, OAS)
- Secured Finance Network (Mr Richard KOHN, Goldberg Kohn Ltd.)
- Supreme People’s Court of China (Ms ZHU Ke, Judge, China)
- Union Internationale Huissiers de Justice (Mr Jos UITDEHAAG, First Vice President, UIHJ)
- United Nations Commission on International Trade Law (Mr Jose Angelo ESTRELLA-FARIA, Principal Legal Officer and Head, Legislative Branch, International Trade Law Division, Office of Legal Affairs, and Mr Alexander KUNZELMANN, Legal Officer, UNCITRAL, and Mr Thomas TRASCHLER, Legal Officer, UNCITRAL, until 2021; Ms Samira MUSAYEVA, Legal Officer, UNCITRAL.)
- World Bank Group (Ms Nina PAVLOVA MOCHEVA, Senior Financial Sector Specialist, Finance, Competitiveness & Innovation Global Practice, and Mr Klaus DECKER, Senior Public Sector Specialist, WBG)
- Zemgale Regional Court (Ms Līna LONTONE, Latvia)
Independent observers:
- Mr Massimiliano BLASONE, Italian Partner, European Collection and Enforcement Network (CONNEXX)
- Mr Carlos RIAÑO, Confecámeras, Colombia
- Ms Diana Lucia TALERO, Secretaria Técnica – Comité de Implementación de Garantías Mobiliarias, Colombia
1st Working Group Meeting
The first meeting of the Working Group was held in Rome and on Zoom on 30-November – 2 December 2020.
Intersessional Work
As established in the 1st meeting of the Working Group, the Secretariat has involved members and observers of the Working Group into informal sub-groups, which have planned meetings and exchanges throughout the intersessional period organised with the support of the Secretariat. The provisional subgroups are as follows:
- Subgroup 1 “post-adjudication” enforcement
- Subgroup 2 on enforcement of secured claims (collateral)
- Subgroup 3 on the impact of technology on enforcement
2nd Working Group Meeting
On 20-22 of April 2021, the Working Group on Best Practices for Effective Enforcement, chaired by Governing Council member Kathryn Sabo, met via Zoom to discuss the results of a very productive intersessional work undertaken by its members and observers since the first session (30 November – 2 December 2020). After a general presentation on the progress of the project, the three subgroups on “post-adjudication” enforcement, enforcement of secured claims (collateral), and on the impact of technology on enforcement, presented their reports, which elicited very fruitful discussions. The report of the second session will be available online in due course, with the third session tentatively planned for 29 November to 1 December 2021.
3rd Working Group Meeting
On 29-30 November and 1 December 2021, the Working Group on Best Practices for Effective Enforcement, chaired by Governing Council member Kathryn Sabo, met at UNIDROIT’s Headquarters in Rome and via Zoom to discuss the outcome of the intersessional work undertaken by its members and observers since the second session.
After a general presentation on the progress of the project, the Working Group addressed issues of enforcement of monetary claims by third party debt orders including tentative best practices regarding to the impact of automation. It then discussed charging orders on land and some aspects of complex enforcement relating to special types of assets. In relation to enforcement of security rights, the Working Group considered draft best practices on security rights over receivables, disposition of collateral and variation by parties of the rules regarding realisation of the collateral.
4th Working Group Meeting
On 26-28 April 2022, the Working Group on Best Practices for Effective Enforcement, chaired by Governing Council member Kathryn Sabo, met at UNIDROIT’s Headquarters in Rome and via Zoom to discuss the outcome of the intersessional work undertaken by its members and observers since the third session.
Following a presentation on the progress of the project and a summary of the intersessional meetings and workshops that had taken place, the Working Group addressed draft best practices regarding enforcement by way of authority, enforcement on digital assets, issues regarding online auctions, and an update on draft best practices regarding enforcement of security rights. The Working Group also addressed the organisation of future work and the way forward.
5th Working Group Meeting
On 12 – 14 December 2022, the Working Group on Best Practices for Effective Enforcement, chaired by Governing Council member Kathryn Sabo, met at UNIDROIT’s Headquarters in Rome and via Zoom to discuss the outcome of the intersessional work undertaken by its members and observers since the fourth session.
The Working Group continued to address draft best practices to render enforcement of creditors’ rights more effective, focusing on enforcement by way of authority, extrajudicial enforcement of secured claims, enforcement on digital assets, and issues regarding online auctions. The session was enriched with a presentation on the use of ADR and ODR in enforcement, provided by the World Bank Group.
The Working Group also addressed the organisation of future work and the way forward, including the work of the Drafting Committee, tasked with finalising the drafts on which the WG has reached an agreement as a matter of policy.
6th Working Group Meeting
On 14-16 March 2023, Members and Observers of the Working Group on Best Practices for Effective Enforcement met at the seat of UNIDROIT in Rome and via videoconference to work on draft best practices to render enforcement of creditors’ rights more effective.
In this session, the Working Group focused on best practices regarding enforcement of security rights, including the possibility of special expedited procedures; enforcement by way of authority; and enforcement on digital assets, as well as on a presentation on online auction best practices delivered by Special Reporter Massimiliano Blasone, an international expert in the “Cyberjustice” Working Group developing the guidelines for judicial e-auctions for the Council of Europe.
The Working Group established the way forward for the Drafting Committee’s continuing work leading up to the next session of the Working Group.
7th Working Group Meeting
The seventh session of the Working Group was held in Rome from 29 November-1 December 2023.
8th Working Group Meeting
The eighth session of the Working Group was held in Rome from 15 to 17 April 2024.
Extraordinary Remote Working Group Meeting
The Working Group met remotely for an Extraordinary Session on 23 and 24 September 2024.
9th Working Group Meeting
The ninth session of the Working Group was held on 2-4 December 2024.
10th Working Group Meeting
The tenth session of the Working Group was held on 10-12 March 2025.
11th Session of the Working Group
The 11th session of the Working Group will take place in hybrid fashion from 13-15 October 2025 at the seat of UNIDROIT.