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United Nations Convention on the Use of Electronic Communications in International Contracts

[Preamble]

Chapter I - Sphere of Application

Article 1 - Scope of Application

Article 2 - Exclusions

Article 3 - Party Autonomy

Chapter II - General Provisions

Article 4 - Definitions

Article 5 - Interpretation

Article 6 - Location of the Parties

Article 7 - Information Requirements

Chapter III - Use of Electronic Communications in International Contracts

Article 8 - Legal Recognition of Electronic Communications

Article 9 - Form Requirements

Article 10 - Time and Place of Dispatch and Receipt of Electronic Communications

Article 11 - Invitation to Make Offers

Article 12 - Use of Automated Message Systems for Contract Formation

Article 13 - Availability of Contractual Terms

Article 14 - Error in Electronic Communications

Chapter IV - Final Provisions

Article 15 - Depositary

Article 16 - Signature, Ratification, Acceptance or Approval

Article 17 - participation by Regional Economic Integration Organizations

Article 18 - Effects in Domestic Territorial Units

Article 19 - Declaration on the Scope of Application

Article 20 - Communications Exchanged Under Other International Conventions

Article 21 - Procedure and Effects of Declarations

Article 22 - Reservations

Article 23 - Entry Into Force

Article 24 - Time of Application

Article 25 - Denunciations

[Post Provisions]

[Post Clauses (If any: Signed; Witnessed; Done; Authentic Texts; & Deposited Clauses)]

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

United Nations Convention on the Use of Electronic Communications in International Contracts, 2005

United Nations (UN)

copy @ Lex Mercatoria

United Nations Convention on the Use of Electronic Communications in International Contracts

Chapter III - Use of Electronic Communications in International Contracts

Article 9 - Form Requirements

1. Nothing in this Convention requires a communication or a contract to be made or evidenced in any particular form.

2. Where the law requires that a communication or a contract should be in writing, or provides consequences for the absence of writing, that requirement is met by an electronic communication if the information contained therein is accessible so as to be usable for subsequent reference.

3. Where the law requires a communication or a contract should be signed by a party, or provides consequences for the absence of a signature, that requirement is met in relation to an electronic communication if:

(a) A method is used to identify the party and to indicate that party's intention in respect of the information contained in the electronic communication; and

(b) The method used is either:

(i) As reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any equivalent agreement; or

(ii) Proven in fact to have fulfilled the functions described in subparagraph (a) above, by itself or together with further evidence.

4. Where the law requires that a communication or a contract should be made available or retained in its original form, or provides consequences for the absence of an original, that requirement is met in relation to an electronic communication if:

(a) There exists a reliable assurance as to the integrity of the information in contains from the time when it was first generated in its final form, as an electronic communication or otherwise; and

(b) Where it is required that the information it contains be made available, that information is capable of being displayed to the person to whom it is to be made available.

5. For the purposes of paragraph 4 (a):

(a) The criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change that arises in the normal course of communication, storage and display; and

(b) The standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all the relevant circumstances.


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