The UNCITRAL Model Law on “Electronic Commerce” was adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1996, in furtherance of its mandate to promote the harmonization and unification of international trade law, so as to remove unnecessary obstacles to international trade caused by inadequacies and divergences in the different laws affecting and or regulating trade.
The UNCITRAL, whose membership consists of States from all regions and of all levels of economic development, has implemented its mandate by formulating many international conventions. This includes, the United Nations Conventions on Contracts for the International Sale of Goods, and, on the Limitation Period in the International Sale of Goods, and, on the Carriage of Goods by Sea, 1978 (“Hamburg Rules”), and, on the Liability of Operators of Transport Terminals in International Trade, and, on International Bills of Exchange and International Promissory Notes, and, on Independent Guarantees and Stand-by Letters of Credit..
In addition to the above Conventions, the UNICITRAL also adopted certain model laws (the UNCITRAL Model Laws). This includes, the International Commercial Arbitration, and, the International Credit Transfers, and, on the Procurement of Goods, Construction and Services)…. the UNCITRAL Arbitration Rules, the UNCITRAL Conciliation Rules and the legal guides (on construction contracts, countertrade transactions and electronic funds transfers)….
As clear from above, the UNCITRAL committee have done great job to serve trade particularly international trade and, moreover, the global community within the most appropriate legal means that were adopted by Conventions and or Model Laws .. I would like to take this opportunity, to mention that I have had the honor of participating in drafting the arbitration laws with many international legal and other experts related to arbitration.. The newly drafted arbitration law, will govern the arbitration industry for the coming generations all over the world ..
The UNCITRAL Model Law on electronic commerce, was primarily prepared in response to a major change in the means by which communications are made between the concerned parties, the trading partners, by using new computerized or other modern techniques in doing business. This method, of course, is very different from the classical trading & business method which normally take place by direct face-to-face intact and contact between the trading parties.
The UNCITRAL Model Law is intended to serve as a model to countries for the evaluation and modernization of certain aspects of their laws and practices in the field of commercial relationships involving the use of computerized or other modern communication techniques derived from the IT revolution, and also for the establishment of the new relevant legislations where none are existing at the present time..
The UNCITRAL Model Law on electronic commerce, was internationally recognized, as properly and appropriately drafted legal document. The new legal processes and approaches undertaken the UNCITRAL Model Law, as a matter of fact, were very new and they made a real revolution in the current legal rules and established legislative provisions.
This new and very “daring” approach was intended to pave the way for electronic commerce and trade, otherwise the new electronic trade will not be legal nor acceptable. The non-recognition of the new electronic commerce will harm the new development taking place in this important sector. New legislations, as consequence, are highly needed to meet the normal process taking shape in our community.
Due to the importance and drastic essential need to legalize and adopt the electronic commerce, almost all countries adopted and used the UNCITRAL Model Law principles to draft their national local laws. This new dimension was urgently needed so as to give the legal authority and creditability to electronic commerce.
To be continued…
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