Electronic Commerce and the New Uncitral Convention

Electronic Commerce and the New Uncitral Convention
Author: Anjanette Raymond
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

On 23 November 2005, the United Nations General Assembly adopted a new draft convention on the use of electronic communications in international contracting, known as the Draft Convention on the Use of Electronic Communications in International Contracts. The Draft Convention, in a similar manner as the 1996 UNCITRAL Model Law on Electronic Commerce, is intended to remove obstacles to the use of electronic communications in international contracting. However, the Draft Convention does contain new provisions and makes adjustments based on the lessons of prior legislative texts. As such, a review of the Draft Convention is an important consideration before widespread use occurs. This article seeks to (1) review the Draft Convention on the Use of Electronic Communications in International Contracts, (2) draw distinctions between the Draft Convention and the Model Law, and (3) discuss current areas of ongoing concern.

The United Nations Convention on the Use of Electronic Communications in International Contracts

The United Nations Convention on the Use of Electronic Communications in International Contracts
Author: A.H. Boss
Publisher: Kluwer Law International B.V.
Total Pages: 548
Release: 2008-12-09
Genre: Law
ISBN: 9041145206

The use of electronic commerce in international trade is growing by leaps and bounds. No one can dispute the need for a system of rules to guide countries as well as private commercial parties through the many new developments and issues that arise. The United Nations Convention on the Use of Electronic Communications in International Contracts (ECC), adopted by the United Nations General Assembly in December 2005 and currently undergoing the ratification process, provides such a system. This book is a guide and resource on the Convention: its evolution, interpretation, and relationship to domestic laws throughout the world.The book represents the outcome of a conference held at the Leibniz University of Hannover in September 2007. It consists of an introduction to the drafting of the Convention, expert commentary on each article, and perspectives in the context of domestic and substantive law. A distinguished panel of authorities representatives of governments, international organizations, transnational companies, and universities, as well as practising attorneys, all of whom have been active domestically and internationally in confronting the legal issues of electronic commerce discuss such aspects of the ECC as the following: timing of dispatch and receipt of electronic communications; transactions related to the financial sector; altering the scope of the Convention by contract; 'opting in' and 'opting out'; 'choice of law' versus 'party autonomy'; use of foreign case law to interpret the Convention; legal information requirements; writing and signature requirements; error in electronic communications; and problems of identity and data integrity.Several authors provide in-depth analysis of the interaction between ECC provisions and other relevant legal regimes (including the United States, ASEAN, the EU, Sri Lanka, India, and China), as well as the interrelations between the ECC and ICC rules, rules under the CISG, and the trade usages of the lex mercatoria.The various contributors highlight issues arising from each ECC provision, and provide well-informed insight into how remaining problems are likely to be resolved as the Convention enters into force. Stakeholders from all concerned sectors of the legal community businesspersons and their counsel, IGO and government officials, and academics will benefit greatly from the detailed information, analysis, and guidance offered here.

The Uncitral Electronic Contracts Convention

The Uncitral Electronic Contracts Convention
Author: Charles H. Martin
Publisher:
Total Pages: 0
Release: 2006
Genre:
ISBN:

The Convention on the Use of Electronic Communications in International Contracts (CUECIC) was approved by the United Nations Commission on International Trade Law (UNCITRAL) in July 2005. It is now available for ratification by U.N. member states. CUECIC is based on the Model Law on Electronic Commerce adopted by UNCITRAL in 1996. The Model Law has served as the basis for electronic signature and electronic commerce legislation at the federal and state levels in the United States and other countries. The similarity of CUECIC to domestic electronic commerce laws should facilitate its use for international contracts. CUECIC requires, however, that its terms be interpreted by domestic courts according to its international character and the need to promote uniformity in its application. These same rules of interpretation also apply to the UNCITRAL Convention on Contracts for the International Sale of Goods (CISG), but no implementing legislation accompanied CISG ratification by the United States to locate the CISG, and to annotate decisions interpreting it, within the body of the code of federal statutes. Like the CISG, there will be no authoritative judicial body or expert commentary to resolve conflicts or ambiguities in judicial interpretations of CUECIC. Varying interpretations may also result from the different versions of CUECIC that could be created by national declarations varying its scope of applicability. Therefore, despite the common source of CUECIC and U.S. electronic commerce laws in the UNCITRAL Model Law on Electronic Commerce, the use of CUECIC for international commercial contracts might be restrained by the same procedural difficulties that have limited the use of the CISG.

UNCITRAL Model Law on Electronic Signatures with Guide to Enactment, 2001

UNCITRAL Model Law on Electronic Signatures with Guide to Enactment, 2001
Author: United Nations Commission on International Trade Law
Publisher: United Nations Publications
Total Pages: 72
Release: 2002
Genre: Digital signatures
ISBN: 9789211336535

Electronic Commerce in international trade, is fast becoming a means of business communication. Guidelines and laws of operation are becoming a great necessity to ensure security and uniformity. This publication presents the Model Laws with the hope that countries will consider it when enacting or revising their laws on electronic commerce.

Promoting Confidence in Electronic Commerce

Promoting Confidence in Electronic Commerce
Author:
Publisher:
Total Pages: 114
Release: 2009
Genre: Business & Economics
ISBN:

This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.

Law of Electronic Commercial Transactions

Law of Electronic Commercial Transactions
Author: Faye Fangfei Wang
Publisher: Routledge
Total Pages: 289
Release: 2010-01-21
Genre: Business & Economics
ISBN: 1135272395

Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.

Legal Aspects of an E-commerce Transaction

Legal Aspects of an E-commerce Transaction
Author: Andrea Schulz (Ph.D.)
Publisher: sellier. european law publ.
Total Pages: 372
Release: 2006
Genre: Electronic commerce
ISBN: 3935808712

The contributions contained in these conference proceedings illustrate how the existing and future regulatory framework operates for online business transactions. Legal Aspects of an E-Commerce Transaction examines various national and international laws and treaties as well as European Community law. The book looks at self-regulatory codes of conduct elaborated by business organizations relating to advertising, spam, competition, and the use of intellectual property rights, to the conclusion of online contracts and their performance. Additionally, post-contractual issues, dispute resolution, and taxation are discussed, and their interaction is examined. Rules on electronic payment, electronic invoicing, and the taxation of electronic business transactions are equally addressed.

International Commercial Agreements and Electronic Commerce

International Commercial Agreements and Electronic Commerce
Author: William F. Fox
Publisher: Kluwer Law International B.V.
Total Pages: 397
Release: 2018-03-26
Genre: Law
ISBN: 9041170081

Although negotiation still lies at the heart of international commercial agreements, much of the detail has migrated to the Internet and has become part of electronic commerce. This incomparable one-volume work??now in its sixth edition??with its deeply informed emphasis on both the face-to-face and electronic components of setting up and performing an international commercial agreement, stands alone among contract drafting guides and has proven its enduring worth. Following its established highly practical format, the book’s much-appreciated precise information on a wide variety of issues??including those pertaining to intellectual property, alternative dispute resolution, and regional differences??is of course still here in this new edition. There is new and updated material on such matters as the following: • the need for contract drafters to understand and to use the concepts of “standardization” (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool); • new developments and technical progress in e-commerce; • new developments in artificial intelligence in contract drafting; • the possible use of electronic currencies such as Bitcoin as a payment device; • foreign direct investment; • special considerations inherent in drafting licensing agreements; • online dispute resolution including the innovations referred to as the “robot” arbitrator; • changes in the arbitration rules of major international organizations; and • assessment of possible future trends in international commercial arrangements. Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included. In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or business executive to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.

United Nations Convention on the Assignment of Receivables in International Trade

United Nations Convention on the Assignment of Receivables in International Trade
Author: United Nations
Publisher: New York : United Nations
Total Pages: 45
Release: 2004
Genre: Business & Economics
ISBN: 9789211335880

This publication contains the text of the Convention, adopted by the UN General Assembly by Resolution 56/81 in December 2001, and an explanatory note by the United Nations Commission on International Trade Law (UNCITRAL) Secretariat. The main aim of the Convention is to promote the availability of capital and credit at more affordable rates across national borders, in order to facilitate the cross-border movement of goods and services.

UNCITRAL Conciliation Rules

UNCITRAL Conciliation Rules
Author: United Nations Commission on International Trade Law
Publisher: New York : United Nations
Total Pages: 24
Release: 1981
Genre: Law
ISBN: