The draft convention, comprising 14 articles, is aimed at
enhancing legal certainty and commercial predictability where
electronic communications are used to form international
contracts.
Among other things, the provisions deal with: how to determine a
party’s location in an electronic environment; the time and place
of dispatch and receipt of electronic communications; and the use
of automated message systems for contract formation.
Other provisions contain criteria establishing functional
equivalence between electronic communications and paper documents –
including “original” paper documents – as well as between
electronic authentication methods and hand-written signatures.
The negotiations will take place within the UN Commission on
International Trade Law (UNCITRAL), which is the core legal body of
the UN system in the field of international trade law.
The European Commission's Internal Market and Services
Commissioner, Charlie McCreevy, said:
“Two things are certain. More and more
companies of all sizes are active internationally and more and more
business is being done electronically. We want EU businesses to be
as well placed as possible to benefit. Giving Europe a strong voice
in drawing up this Convention will contribute to making sure
e-contracts can be drawn up with a minimum of fuss.”
The Commission intends to ensure compatibility between the draft
Convention and the EU's E-commerce Directive of 2000, which
includes provisions on contracts concluded by electronic means. The
Commission noted: "Such compatibility between EU and international
rules would create better legal clarity and security for European
companies active outside the EU."
