Send the link below via email or IMCopy
Present to your audienceStart remote presentation
- Invited audience members will follow you as you navigate and present
- People invited to a presentation do not need a Prezi account
- This link expires 10 minutes after you close the presentation
- A maximum of 30 users can follow your presentation
- Learn more about this feature in the manual
Do you really want to delete this prezi?
Neither you, nor the coeditors you shared it with will be able to recover it again.
Make your likes visible on Facebook?
Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.
AN OVERVIEW OF UNCITRAL MODEL LAW ON E-COMMERCE
Transcript of AN OVERVIEW OF UNCITRAL MODEL LAW ON E-COMMERCE
INTRODUCTION TO MODEL LAW
Modern means of Communication
Electronic data interchange (EDI)
Uncertainty as to their legal effect or validity?
Model Law offer national legislators a set of internationally acceptable rules as to how a number of such legal obstacles may be removed, and how a more secure legal environment may be created for e-commerce.
The UNCITRAL Model Law on Electronic Commerce was adopted on 12 June 1996.
In May 1997 the 'Guide to Enactment' was published.
To facilitate rather than regulate electronic commerce
To adapt existing legal requirements
To provide basic legal validity and raise legal certainty
Basic Principles of the Model Law
Analyze purposes and functions of paper-based requirements (“writing”, “record”, “signature”, “original”)
Consider criteria necessary to replicate those functions and give electronic data the same level of recognition as information on paper
Media and technology neutrality:-
Equal treatment of paper-based and electronic transactions
Equal treatment of different techniques (EDI, e-mail, Internet, telegram, telex, fax)
Primacy of party agreement on whether and how to use e-commerce techniques
Parties free to choose security level appropriate for their transactions
KARMA DECHEN BHUTIA
1226001, II YR LLM
SCHOOL Of LAW, CHRIST UNIVERSITY
AUGUST - 2013
OBJECTIVES OF ML
Article 5 (Legal Recognition)
Article 6 (Writing)
Article 7 (Signature)
Article 8 (Original)
Article 9 (Evidence)
Main Provisions of the UNCITRAL ML
Article 11 (Use of data messages in contract formation)
Article 12 (Non-repudiation)
Article 13 (Attribution of data messages)
Article 14 (Acknowledgement of receipt)
Article 15 (Time and place of dispatch and receipt)
Articles 16 and17 (E- commerce and carriage of goods)
Other Provisions of the Model Law
The Information Technology Act distinct from the Model law in two key areas:
provisions relating to online contracting
The IT Act, 2000 and ML
Article 7. does not mention any particular kind of signature. However, IT Act mandates certain technical standards—that is, an asymmetric cryptosystem commonly known as ‘public key encryption’ and
Section 13 of the Information Technology Act relates to the time and place of despatch of electronic records. This is a replica of Article 15 of the Model law.
UNCITRAL's Working Group on Electronic Commerce has become recognized as a particularly important international forum for the exchange of views regarding the legal issues of electronic commerce and for the preparation of solutions to those issues.
UNCITRAL has drafted a new Model law on Electronic Signatures, the text of which was adopted in July 2001.
Model law has incorporated a provision in Article 11 relating to the formation and validity of contracts.
IT Act 2000 does not have any express provision regarding the validity or formation of online contracts