Examples of using Paper-based documents in English and their translations into Arabic
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Political
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Colloquial
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Ecclesiastic
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Ecclesiastic
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Computer
Other jurisdictions reported resistance to the destruction of converted paper-based documents.
The advantages are a reduction of paper-based documents and a shorter procurement cycle time.
Reads 1D/2D barcodes from smartphones, tablets, smartwatches and paper-based documents.
Indeed, while paper-based documents are readable by the human eye, electronic communications are not-- unless printed to paper or displayed on a screen.
She commended, in particular,the pragmatic nature of the Model Law and the recognition of paper-based documents.
In some,the status of electronic documents was almost equal to that of paper-based documents, whereas in others the legal situation was uncertain.
The Working Group agreed that a rule should be prepared aimed atachieving the functional equivalence of physical delivery of paper-based documents.
The importance of defining a functional equivalent of the notion of possession of paper-based documents in order to identify the party entitled to the performance embodied in the electronic transferable record was stressed.
Lastly, in the Guide to Enactment,Governments should be advised to bear in mind the possibility of converting paper-based documents to electronic messages.
One such area related to possible electronic substitutes or alternatives for paper-based documents of title and other forms of dematerialized instruments that represented or incorporated rights in tangible goods.
Therefore, it was added that anonymity should bepermitted to transpose existing business practices for paper-based documents in the electronic environment.
The most commonly cited information for paper-based documents included various names, including common or given names, family names, names of parents, date and place of birth and current places of residence or business.
One particular incentive for the use of electronic alternatives to paper-based documents seems to be reduced fees.
The Working Group continued its discussion under the assumption that the notion of" control" over electronic transferable records would achieve thefunctional equivalence of the notion of" possession" of paper-based documents.
After discussion,it was agreed that a general rule to provide for the possibility of converting paper-based documents into electronic transferable records and vice versa should be prepared taking into consideration the various aspects mentioned above.
It was illustrated that under the Rotterdam Rules the notion of right of control was applicable to negotiable andnon-negotiable documents as well as to electronic and paper-based documents. .
In that respect,it should be noted that although in some States electronic documents had a legal status almost equal to that of paper-based documents, in other countries the situation was uncertain, since it depended on the legal system of each country.
In that connection, it was stated that the draft Guide should indicate as a characteristic of EDI and related means of communication that they covered programmable messages,the computer programming of which was the essential difference between such messages and traditional paper-based documents.
In response, it was stated that conversion in both ways should be permitted to reflect current business practice andto allow for the use of paper-based documents by parties with limited access to information and communication technology.
Important topical issues in the field of transport law include the continuing challenge of providing a transparent and user-friendly liability regime for international multimodal transport,simplification of transport documents and the development of electronic alternatives to traditional paper-based documents.
The Working Group noted that earlier versions of the draft convention did not contain provisionsdealing with electronic equivalents of" original" paper-based documents because the draft convention was essentially concerned with matters of contract formation, and not with rules of evidence.
The view was expressed that the draft Guide should explain in more detail:(1) the meaning of the words" solely on the grounds" in the Model Law;(2) that the provision under which information should" not be denied legal validity" should not be misinterpreted as establishing the legal validity of a message; and(3) that the principle that data messages should not be discriminated against meant that the Model Law was intended toeliminate disparity of treatment between EDI messages and paper-based documents.
As a matter of drafting, it was agreed that the last sentence of paragraph 36 should read as follows:" This wasdue to one of many distinctions between EDI messages and paper-based documents, namely, that the latter were readable by the human eye, while the former were not so readable unless reduced to paper or displayed on a screen".
Endorsement It was explained that while signature and writing were indeed elements of endorsement,those elements were shared with other concepts related to paper-based documents or instruments, for example, acceptance.
There was general agreement within the Working Group on the importance of the topicsunder consideration and the usefulness of examining possible electronic substitutes or alternatives for paper-based documents of title and other forms of dematerialized instruments that represented or incorporated rights in tangible goods or rights having monetary value.
It was also observed that the question of tender securities might need specific provision, in the light of theexperience of certain delegations and observers that tender securities remained paper-based documents, and simultaneous submission with electronic tenders might not be possible.
The study should also consider the interface between electronic substitutes for documents of title and financial documentation used in international trade,by giving attention to efforts currently under way to replace paper-based documents, such as letters of credit and bank guarantees, with electronic messages.
It was stated that the inability to convert back an electronic record to a paper-based document after its conversion into the electronic form could be anobstacle for parties when deciding to convert the paper-based document to an electronic form.
It would be meaningless to accept that an arbitration agreement could be concluded by electronic means without establishing the criteria for functional equivalence between the agreement andthe original paper-based document, since the New York Convention itself required a party demanding enforcement of an arbitration award to produce the original of the arbitration agreement.
During the discussion, the following issues were raised:(i) whether partial performance by the obligor could be effected as partial termination or amendment of the record, or rather through the termination of the existing record and the issuance of a new record; and(ii) whether there was the need to replicate thefunctional equivalent of annotations indicating termination in a paper-based document.