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: Amelia H. Boss
Publisher: Kluwer Law International B.V.
Total Pages: 550
Release: 2008-01-01
Genre: Law
ISBN: 9041127496

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.

Changes in International E-Contracting are on the Horizon

Changes in International E-Contracting are on the Horizon
Author: J. Benjamin Lambert
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

The use of electronic commerce in international trade has grown exponentially in the last few years. However, to date few legal instruments have harmonized the law in relation to electronic communications. In response to this gap, UNCITRAL initiated the Convention on the Use of Electronic Communications in International Contracts (ECC). The Convention's purpose is to “facilitate the use of electronic communications in international trade by assuring that contracts concluded and other communications exchanged electronically are as valid and enforceable as their traditional paper-based equivalents.” A simple goal, one would think, yet after several years of dormancy only two nations have ratified the Convention. However, the Convention may now be on the brink of coming into force as the Australian Parliament recently passed the Electronic Transactions Act 2011, which was explicitly drafted to comply with the ECC. Within the next year the Australian process will likely be complete at which time the Convention will come into force. Upon this occurrence, this unknown Convention will begin to impact the enforceability of electronic communication in key regions and industries. Consequently, it is imperative that practitioners have a basic understanding of the Convention's coverage.

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

United Nations Convention on the Use of Electronic Communications in International Contracts
Author: United Nations
Publisher: United Nations Publications
Total Pages: 106
Release: 2007-03-01
Genre: Business & Economics
ISBN: 9789217300974

Adopted by the General Assembly on 23 November 2005, the Convention aims to enhance legal certainty and commercial predictability where electronic communications are used in relation to international contracts. It addresses the determination of a party's location in an electronic environment; the time and place of dispatch and receipt of electronic communications; the use of automated message systems for contract formation; and the criteria to be used for establishing functional equivalence between electronic communications and paper documents as well as between electronic authentication methods and hand-written signatures. Publishing Agency: United Nations (UN).

U.N. Convention on the Use of Electronic Communications in International Contracts (United States Treaty)

U.N. Convention on the Use of Electronic Communications in International Contracts (United States Treaty)
Author: The Law Library
Publisher: Independently Published
Total Pages: 54
Release: 2019-02-03
Genre:
ISBN: 9781795743273

The Law Library presents the complete text of U.N. Convention on the Use of Electronic Communications in International Contracts (United States Treaty) Updated as of 12/20/18 This ebook contains: - The complete text of U.N. Convention on the Use of Electronic Communications in International Contracts (United States Treaty) - A dynamic table of content linking to each section - A table of contents in introduction presenting a general overview of the structure

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

United Nations Convention on the Use of Electronic Communications in International Contracts
Author: United Nations Commission on International Trade Law
Publisher: United Nations Publications
Total Pages: 100
Release: 2007
Genre: Business & Economics
ISBN: 9789211337563

Adopted by the UN General Assembly in November 2005, the Convention on the Use of Electronic Communications in International Contracts seeks to enhance legal certainty and commercial predictability where electronic communications are used in international contracts. Topics addressed in the Convention include: the location of the parties and information requirements; treatment of contracts; form requirements; time and place of dispatch and receipt of electronic communications; the use of automated message systems for contract formation; and provisions for signature, ratification, acceptance or approval.

The Law of Electronic Contracts

The Law of Electronic Contracts
Author: Shasta Kilminster-Hadley
Publisher:
Total Pages: 4
Release: 2015
Genre:
ISBN:

Loza, chair of Idaho State Bar's Intellectual Property Law Section, co-authored this article on the new United Nation Convention on Electronic Communications in International Contracts. In this practitioner-focused piece, the authors discuss the Convention as an international effort to harmonize the legal recognition and enforceability of electronic contracts, including online software license agreements. Published in the Idaho State Bar journal, The Advocate.

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.

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.