[Hague-jur-commercial-law] Fwd: Business Endorses UN Convention on Electronic Contracting

[Manon Ress]

Begin forwarded message:

> From: Manon Ress <manon.ress@cptech.org>
> Date: July 16, 2006 10:33:28 PM EDT
> To: hague-jur-commercial-law@lists.essential.org
> Subject: Business Endorses UN Convention on Electronic Contracting
>
> July 11, 2006
> Business Endorses UN Convention on Electronic Contracting
> The global business community has endorsed the recently concluded =20
> United Nations Convention on the Use of Electronic Communications =20
> in International Contracts.  The International Chamber of Commerce =20
> (ICC), part of USCIB=92s global network, views the treaty as a useful =20=

> reform to spur development of cross-border online commerce in the =20
> developed and developing world.
> The convention, which is open for signature by UN member states =20
> until January 16, 2008, was a focus of the 39th session of the UN =20
> Commission on International Trade Law (UNCITRAL), held in New York =20
> from June 18 to July 7.
>
> Electronically-negotiated contracts are as valid and binding as =20
> paper-based versions.
> Speaking on behalf of ICC at a special event organized around the =20
> launch of the treaty, USCIB Executive Vice President Ronnie =20
> Goldberg called the convention =93a sign of, and a vehicle for, the =20=

> increasing legal recognition of electronic contracting, =20
> particularly in developing countries.=94  She said the global =20
> business community hoped it would spur the development of cross-=20
> border e- commerce.
> ICC participated in the drafting of the convention by furnishing =20
> expert input and sharing business experiences on electronic =20
> transactions. ICC also published its ICC eTerms 2004 as a self-=20
> regulatory complement to the convention.  ICC eTerms 2004 are a set =20=

> of articles which parties can incorporate into the document that =20
> make it clear they intend to agree to a binding electronic contract.
> The convention requires signatory countries to recognize the legal =20
> validity of electronic communications used in contracts, and also =20
> supports the principle of party autonomy in electronic contracting. =20=

> It contains provisions dealing with issues that commonly arise in =20
> electronic agreements, such as location of the parties, information =20=

> and form requirements, time and place of dispatch and receipt of =20
> electronic communications, invitations to make offers, and errors.
> Speaking on the first day of the UNCITRAL session, Christopher =20
> Kuner, one of the leaders of the ICC expert group, said: "We =20
> welcome the enhanced legal certainty and support for party autonomy =20=

> which the convention provides. It supplies the legal foundation for =20=

> self-regulatory instruments, such as ICC eTerms 2004.  The other =20
> good news is that it allows for electronic communications to =20
> satisfy the requirements of other conventions, without the need for =20=

> those conventions to be re-negotiated."
> In addition, the UNCITRAL agreement allows electronic =20
> communications to satisfy the requirements of other international =20
> conventions. As a result, companies and traders around the globe =20
> will get important reassurance from the convention that =20
> electronically-negotiated contracts are as valid and binding as =20
> paper-based versions.
> "This convention has a number of articles that strengthen the legal =20=

> validity of electronic transactions, particularly in developing =20
> countries and will help boost e-commerce in those developing =20
> countries which ratify it," Mr. Kuner said.
> Staff contact: Heather Shaw
> Ms. Goldberg=92s comments at the UNCITRAL event
> More on USCIB=92s Information Policy Committee
> More on ICC=92s eTerms 2004
> UNCITRAL website
>
> ************************************************
> Manon Anne Ress
> manon.ress@cptech.org,
> www.cptech.org
>
> Consumer Project on Technology
> 1621 Connecticut Ave, NW, Washington, DC 20009 USA
> Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673
>
> Consumer Project on Technology
> 1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
> Tel: +41 22 791 6727
>
> Consumer Project on Technology
> 24 Highbury Crescent, London, N5 1RX, UK
> Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607
>
>
>
>

************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
1621 Connecticut Ave, NW, Washington, DC 20009 USA
Tel.:  +1.202.332.2670, Ext 16 Fax: +1.202.332.2673

Consumer Project on Technology
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727

Consumer Project on Technology
24 Highbury Crescent, London, N5 1RX, UK
Tel: +44(0)207 226 6663 ex 252 Fax: +44(0)207 354 0607