UNO Convention on Use of Electronic Communications in International Contracts (New York, 2005)
Date of adoption: 23 November 2005
The Electronic Communications Convention builds upon earlier instruments drafted by the Commission, and, in particular, the UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures. This Convention applies to the use of electronic communications in connection with the formation or performance of a contract between parties whose places of business are in different States.
This Convention does not apply to electronic communications relating to any of the following:
(a) Contracts concluded for personal, family or household purposes;
(b) (i) Transactions on a regulated exchange; (ii) foreign exchange transactions; (iii) inter-bank payment systems, inter-bank payment agreements or clearance and settlement systems relating to securities or other financial assets or instruments; (iv) the transfer of security rights in sale, loan or holding of or agreement to repurchase securities or other financial assets or instruments held with an intermediary
SIGNATORIES
- Azerbaijan
- Bahrain
- Benin
- Cameroon
- Central African Republic
- China
- Colombia
- Congo
- Dominican Republic
- Fiji
- Honduras
- Iran (Islamic Republic of)
- Kiribati
- Lebanon
- Madagascar
- Montenegro
- Panama
- Paraguay
- Philippines
- Republic of Korea
- Russian Federation
- Saudi Arabia
- Senegal
- Sierra Leone
- Singapore
- Sri Lanka
Notes
(a) Upon ratification, Singapore declared: The Convention shall not apply to electronic communications relating to any contract for the sale or other disposition of immovable property, or any interest in such property. The Convention shall also not apply in respect of (i) the creation or execution of a will; or (ii) the creation, performance or enforcement of an indenture, declaration of trust or power of attorney, that may be contracted for in any contract governed by the Convention.
(b) Upon acceptance, the Russian Federation declared: 1. In accordance with article 19, paragraph 1, of the Convention, the Russian Federation will apply the Convention when the parties to the international contract have agreed that it applies; 2. In accordance with article 19, paragraph 2, of the Convention, the Russian Federation will not apply the Convention to transactions for which a notarized form or State registration is required under Russian law or to transactions for the sale of goods whose transfer across the Customs Union border is either prohibited or restricted; 3. The Russian Federation understands the international contracts covered by the Convention to mean civil law contracts involving foreign citizens or legal entities, or a foreign element.
(c) Upon ratification, Sri Lanka declared: In accordance with Articles 21 and 19 (paragraph 2) of the United Nations Convention on the Use of Electronic Communications in International Contracts, the Convention shall not apply to electronic communications or transactions specifically excluded under Section 23 of the Electronic Transactions Act No. 19 of 2006, of Sri Lanka.
(d) Upon ratification, Fiji declared: In accordance with Articles 21 and 19 (paragraph 2) of the United Nations Convention on the Use of Electronic Communications in International Contracts, the Convention shall not apply to electronic communications or transactions specifically excluded under sections 18, 19, 20 and the Schedule to the Electronic Transactions Act 2008 (No 26 of 2008) of Fiji, as amended by the Electronic Transactions (Amendment) Act 2017 (No 8 of 2017).
CONNECTED MODEL LAWS
- UNCITRAL Model Law on Electronic Commerce (1996)
- UNCITRAL Model Law on Electronic Signatures (2001)
- United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (New York, 2008) (the “Rotterdam Rules”)