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- Title
New Draft Convention Would Enforce Electronic Arbitration Agreements.
- Abstract
The article focuses on a new draft convention on the use of electronic communications in international commercial contracting adopted by the United Nations Commission on International Trade Law (UNCITRAL) in Vienna, Austria. The draft convention addresses various problems associated with international trade law agreements that require a written contract between parties. It further follows on the UNCITRAL, Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures. It determines a party's location in an electronic environment, the time and place of dispatch and receipt of electronic communications and use of automated message systems for contract formation. The convention also makes provisions for the criteria towards establishing functional equivalence between electronic communications and paper documents. The UNCITRAL agreed that the Working Group on Electronic Commerce could discuss legal issues concerning cross-border recognition of electronic signatures and online dispute resolution as part of the follow-up.
- Subjects
VIENNA (Austria); AUSTRIA; ELECTRONIC systems; COMMERCIAL arbitration agreements; INTERNATIONAL trade; UNITED Nations Commission on International Trade Law; SIGNATURE (Law); DISPUTE resolution; ELECTRONIC commerce
- Publication
Dispute Resolution Journal, 2005, Vol 60, Issue 4, p9
- ISSN
1074-8105
- Publication type
Article