The Electronic Trade Documents Act 2023 and the 2003 Amendments to Article 7 of the Uniform Commercial Code: Do They Do the Same Thing?

12 Pages Posted: 25 Jul 2023 Last revised: 16 Apr 2024

See all articles by Miriam A. Goldby

Miriam A. Goldby

Centre for Commercial Law Studies, Queen Mary, University of London

Date Written: April 15, 2024

Abstract

This paper contrasts the respective approaches to digitalising documents of title to goods of the UK's Electronic Trade Documents Act 2023 and of Article 7 of the US Uniform Commercial Code. It finds that in terms of legal analysis there are appreciable differences between the two approaches to the notion of control but that there is little difference in their approach to reliability. It concludes that, despite the distinct legal concepts of control that they adopt, from a practical perspective, it is unlikely that a system that satisfies the requirements of one will not also be viewed as satisfying the requirements of the other.

Keywords: Electronic Trade Documents Act, Uniform Commercial Code, electronic bill of lading, possession, control, document of title, digitalisation

Suggested Citation

Goldby, Miriam A., The Electronic Trade Documents Act 2023 and the 2003 Amendments to Article 7 of the Uniform Commercial Code: Do They Do the Same Thing? (April 15, 2024). Available at SSRN: https://ssrn.com/abstract=4517265 or http://dx.doi.org/10.2139/ssrn.4517265

Miriam A. Goldby (Contact Author)

Centre for Commercial Law Studies, Queen Mary, University of London ( email )

Lincoln's Inn Fields
London, WC2A 3JB
United Kingdom

HOME PAGE: http://www.ccls.qmul.ac.uk

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