Law Commission
ELECTRONIC COMMERCE:
FORMAL REQUIREMENTS IN COMMERCIAL TRANSACTIONS
ADVICE FROM THE LAW COMMISSION

December 2001

The Law Commission was set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge Professor Martin Partington Judge Alan Wilkie, QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WC1N 2BQ. The terms of this paper were agreed on 3 December 2001. The text of this paper is available on the Internet at: http://www.lawcom.gov.uk

©

Crown copyright 2001

ELECTRONIC
Initially Professor Nicoll’s principal involvement was in relation to the carriage by sea and insurance aspects. However following the departure of Diana Faber, the Commissioner who initiated this project, Professor Nicoll kindly agreed to assist in the completion of the entire project. We are indebted to him for having done so. We would also like to thank the many other people who kindly gave up their time to contribute towards our work. The responsibility for the contents of this Advice is however our own.

1

This project has been carried out under Item 8 of the Law Commission’s Seventh Programme of Law Reform. Initially it was envisaged that the project would take the form a Consultation Paper followed by a Report. Subsequently it was agreed that the project should instead take the form of an Advice to Government.

2

PART 2 THE UNCITRAL MODEL LAWS
INTRODUCTION

2.1

Most of the countries which have dealt with, or propose to deal with, the principal issues relevant to this project have based their legislation on, or have at least purported to make it consistent with, the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce. We therefore summarise below the approach taken in the Model Law, rather than 1 comment on the position in individual countries. We also deal briefly with the UNCITRAL Model Law on Electronic