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Article - First UN Convention on E-Commerce Finalised (November 2005)

• Published version available from February 2006
• Abstract
• Contents

Chris Connolly, Director, and Prashanti Ravindra, Research Consultant, Galexia

Related Galexia services and solutions Specialised Legal and Regulatory Consulting. Read more » Identity Management and Authentication - Strategic Consulting. Read more » Related Galexia news articles UN Convention on the Use of Electronic Communications in International Contracts to come into force - July 2006 Read more » Galexia’s article about the UN Convention on Electronic Contracting published in the Computer Law & Security Report - March 2006 Read more »

Published version available from February 2006

This article was first published in Computer Law & Security Report, 22 (2006) 31-38 <http://www.sciencedirect.com/science/journal/02673649>.

From March 2006, this paper is available in the following formats from <http://www.galexia.com/>:

• HTML[307]
• PDF[308]

Abstract

An article on the UNCITRAL Convention on electronic contracting by Chris Connolly and Prashanti Ravindra will soon be published in the Computer Law and Security Report. The Computer Law and Security Report is a journal dedicated to covering key developments in IT law and security.

The final draft of the UNCITRAL Convention is available as an annex to the UNCITRAL Report of its 38^th Session at: <http://www.uncitral.org/uncitral/en/commission/sessions/38th.html>.

The Convention has been finalised by the United Nations Commission on International Trade Law (UNCITRAL) following over three years of deliberations. The Convention has been formally titled the Convention on the use of electronic communications in international contracts. It will be presented at the UN General Assembly meeting later this year, where if adopted it will become the first UN Convention addressing legal issues created by the digital environment.

The UNCITRAL Convention seeks to enhance the legal certainty and commercial predictability of international electronic transactions by setting out a number of interpretive rules for the use of electronic communications in negotiating and forming contracts. This paper discusses the main provisions of the Convention and the impact of the Convention on the legal rules surrounding electronic contracting.

Contents

• Introduction
• Why a Convention?
• Core Principles
• Key Provisions
  • Scope of Application
  • Declarations
  • Communications exchanged under other international instruments
  • Participation by regional organisations
  • Exclusions
  • Party Autonomy
  • Location of the Parties
  • Formation of Contracts
  • Form Requirements
  • Time of Dispatch and Receipt of Electronic Communications
  • Place of Dispatch and Receipt of Electronic Communications
  • Error in Electronic Communications
• Other Developments
  • International Chamber of Commerce
  • Domestic Implementations Issues
• Conclusion

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[307] HTML version of paper: <http://www.galexia.com/public/research/articles/research_articles-art39.html>.

[308] PDF version of paper: <http://www.galexia.com/public/research/assets/galexia_clsr_vol22_2006_uncitral_econtracting.pdf>.

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