Examples of using Electronic contracts in English and their translations into Russian
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Electronic contracts should therefore be covered.
Disharmony in the area of contract formation, however, was not specific to electronic contracts.
The Working Group heard various arguments for not regulating electronic contracts separately from commercial contracts in general.
The language used in paragraph(4) of the proposal was consistent withthat used in paragraph(2) of article 9 of the Convention on Electronic Contracts.
December 2011- Member of the jury for granting PhD in Law Degree,Thesis on the various types of Electronic Contracts, University of Poitiers, Faculty of Law, Poitiers, France.
The framework also has to include policies for trade(electronic commerce), production and finance, complemented by modern legal andregulatory systems able to handle electronic contracts.
The Working Group heard expressions of support for a proposal that its work should not be limited to electronic contracts, but should apply to commercial contracts in general, irrespective of the means used in their negotiation.
The Commission heard a report on the special event that took place on 6 July 2006 at United Nations Headquarters, in New York,which included the ceremony of the signing of the Convention on Electronic Contracts.
The Commission noted, in particular,the proposal that the Working Group's considerations should not be limited to electronic contracts, but should apply to commercial contracts in general, irrespective of the means used in their negotiation.
An alternative proposal was made to retain paragraph 4, butsimplify its content by referring in footnotes to the definitions that were already contained in the UNCITRAL Model Law on Electronic Commerce and the Convention on Electronic Contracts.
The Commission noted, in particular,the proposal that the Working Group's considerations should not be limited to electronic contracts, but should apply to commercial contracts in general, irrespective of the means used in their negotiation.
After discussion, the Working Group agreed to retain the words"electronic communication" and to include under paragraph(4) of the above proposal the definition of"electronic communication" and"data message" as contained in paragraphs(b) and(c)of article 4 of the Convention on Electronic Contracts.
On the other hand, paragraph 10 of the Note states that:"The Commission noted, in particular,the proposal that the Working Group's considerations should not be limited to electronic contracts, but should apply to commercial contracts in general, irrespective of the means used in their negotiation.
In favour of its deletion, it was said that it was inappropriate for legislation relating to arbitration to contain provisions on electronic communications and that the definitions provided under paragraph 4 were already contained in other UNCITRAL instruments,namely the UNCITRAL Model Law on Electronic Commerce and the Convention on Electronic Contracts.
It was observed that the revised draft article 7 had been prepared before the UNCITRAL Working Group on Electronic Commerce finalized its work on the Convention on Electronic Contracts and that it should be revised to ensure consistency with that Convention.
Diverging views were expressed as to whether paragraph(1 bis) should be revised to better align with either(a) the wording of comparable provisions in the arbitration rules of a number of arbitral institutions;(b) article 3 of the UNCITRAL Model Law on Arbitration;(c) previous standards prepared by UNCITRAL in the field of electronic commerce,such as the UNCITRAL Model Law on Electronic Commerce, or the 2005 Convention on Electronic Contracts.
In that connection,the Commission noted that article 10 of the United Nations Convention on the Use of Electronic Communications in International Contracts(the"Convention on Electronic Contracts") provided guidance with respect to the time and place of dispatch and receipt of electronic communications.
It was suggested that the formulation in paragraph(2)of article 9 of the Convention on Electronic Contracts, which provided that an electronic communication met a requirement under law that it be in writing"if the information contained therein is accessible so as to be useable for subsequent reference" could be used in the revised draft article 7 as follows:"A data message satisfies the requirement for writing if the information contained therein is accessible so as to be useable for subsequent reference.
The Commission noted the finalization by the Secretariat of the explanatory note relating to the Convention on Electronic Contracts A/CN.9/608 and Add.1-4.
In preparing the Convention, UNCITRAL therefore was mindful of the need to avoid creating a duality of regimes for contract formation:a uniform regime for electronic contracts under the new Convention and a different, not harmonized regime, for contract formation by any other means A/CN.9/527, para. 76.
It was suggested that the UNCITRAL Arbitration Rules,when read in conjunction with other instruments, such as the UNCITRAL Model Law on Electronic Commerce and the Convention on Electronic Contracts, already accommodated a number of issues arising in the online context.
The Working Group was reminded, in that connection, of the concerns that had been expressed at its thirty-ninth session concerning the risk of establishing a duality of regimes for contract formation:a uniform regime for electronic contracts under the new instrument and a different, not harmonized regime, for contract formation by any other means, except for the very few types of contract that were already currently covered by uniform law, such as sales contracts falling under the United Nations Sales Convention.
It was noted that the Arab League Model Laws, inspired by the UNCITRAL Model Laws on Electronic Commerce and Electronic Signatures were proposed as a guideline for countries in the region,as they contained provisions on electronic payments, electronic contracts(including consumer protection) and matters relating to applicable laws and jurisdiction.
In favour of retaining paragraph 4, it was said that the language used in paragraph 4 wasconsistent with that used in article 9, paragraph 2, of the Convention on Electronic Contracts, and the definitions of"electronic communication" and"data message" reproduced the definitions contained under subparagraphs(b) and(c) of article 4 of that Convention.
With regard to future work in specific areas, the Commission believed that while the UNCITRAL Model Law on Electronic Commerce,the UNCITRAL Model Law on Electronic Signatures and the Convention on Electronic Contracts provided a good basis for States to facilitate electronic commerce, a favourable legal framework needed to be established.
The language used in paragraph(4)was consistent with that used in paragraph(2) of article 9 of the United Nations Convention on the Use of Electronic Communications in International Contracts("the Convention on Electronic Contracts") and the definitions of"electronic communication" and"data message" reproduced the definitions contained under subparagraphs(b) and(c) of article 4 of the Convention on Electronic Contracts.
Completion of this due diligence is a required approval step in the electronic contract management workflow process.
First electronic contract signed between"Azer-Turk Bank" and"B. EST Solutions.
United Nations Convention on Electronic Contracting 2005.
Electronic contracting: provisions for a draft convention 18-125 4.
