Electronic Commerce and the New Uncitral Convention
International Law Practicum, Vol. 19, No. 1, pp. 66-74, 2006
Posted: 14 Mar 2012
Date Written: March 10, 2006
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.
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