Editorial Director: Giusella Finocchiaro
Web Content Manager: Giulia Giapponesi

The 54th session of UNCITRAL Working Group IV on Electronic Commerce brought to a close work on the regulation of “Electronic Transferable Records”, following which a new Working Group on Identity Management was formed.

During the last session in Vienna, Working Group IV on Electronic Commerce of the United Nations Commission on International Trade Law (UNCITRAL) produced a final version of the International Model Law on Electronic Transferable Records and invited the UNCITRAL Secretariat to forward the text to all Member States and international organisations for their opinions, after which the text will then be submitted to the UNCITRAL Commission in Vienna in July 2017.

Over the last five years the Working Group’s activity focused on the definition, the rules and the use of these particular electronic financial data. As its President, Giusella Finocchiaro chaired the Working Group from 2012 until the termination of its work.

In its activity concerning ETRs, the Working Group drew inspiration from a number of fundamental principles such as those of technology neutrality and of non-discrimination between paper and electronic documents, keeping the impact on national substantive legislation to a minimum.

At the same time as they brought to an end their analysis of Electronic Transferable Records, the Working Group initiated a discussion on the new Identity Management project assigned by the Commission, which is currently an issue of significant national and international interest.

The new Working Group will be required to focus both on Digital Identification systems with a diversity of subjects and on bilateral systems and will have to take into consideration the identities of both natural persons and legal persons, without at the moment excluding digital objects. There was a reminder that the Commission’s mandate also concerns “Trust Services” the detailed study of which will be made in the future, but which will immediately be taken into consideration working out their definitions.

Therefore a group of experts has been created for the elaboration of first drafts. Given that the European Regulation on this subject has recently come into force, the European approach, which the Commission strongly supports, will be most significant.

 

posted by admin on maggio 9, 2016

E-commerce and contracts

(No comments)

The fifty-third session of the Working Group on Electronic Commerce of the United Nations Commission on International Trade Law (UNCITRAL) will be held in New York, from 9th to 13th May 2016.

The Working Group’s activity will once again focus on “electronic transferable records”, with particular reference to current operating practices and related legislative issues. During the session there will be an analysis of the international draft provisions on the matter, which have been drawn up by the Secretariat on the basis of the deliberations of previous meetings.

As usual, the session was attended by Full Professor Giusella Finocchiaro as President of the Working Group and representative of the Italian Government at UNCITRAL. For further information please consult the section covering Working Group activities on the UNCITRAL website.

 

 

posted by admin on novembre 6, 2015

E-commerce and contracts

(No comments)

The fifty-second session of the Working Group on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) will be held at the Vienna International Centre in Vienna from the 9th to the 13th November 2015.

The Working Group will work on notes by the Secretariat presenting the draft provisions on electronic transferable records.

In addition, the Working Group will hear an oral report of technical assistance and coordination activities undertaken by the Secretariat, including the promotion of UNCITRAL texts on electronic commerce.

During the previous session the Working Group deliberated on notes by the Secretariat presenting the draft provisions on electronic transferable records.

Session documents are available on the Working Group web page.

 

posted by admin on maggio 13, 2015

E-commerce and contracts

(No comments)

The fifty-first session of the Working Group on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) will be held at the UNO Headquarters in New York from the 18th to the 22nd May 2015.

The Working Group will continue its work on a detailed document regarding Electronic Transferable Records, which could form the new law model.

In addition, the Working Group will hear an oral report of technical assistance and coordination activities undertaken by the Secretariat, including the promotion of UNCITRAL texts on electronic commerce.

During the previous session the Working Group deliberated on notes by the Secretariat presenting the draft provisions on electronic transferable records.

Session documents are available on the Working Group web page.

posted by admin on novembre 14, 2014

E-commerce and contracts, Events

(No comments)

The 50th Working Group lV session on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) was held in Vienna from the 10th to the 14th November 2014.

The Working Group is preparing a detailed document on electronic transferable records, which is likely to constitute the new Model Law.

During the 50th session the Working Group deliberated on notes by the Secretariat presenting the draft provisions on electronic transferable records.

The fifty-first session of Working Group lV is scheduled to be held at the UNO Headquarters in New York from the 18th to the 22nd May 2015.

As previously mentioned in this blog, the 49th Working Group session on electronic commerce of the United Nations Committee on international trade law was held in New York from the 28th April to the 2nd May 2014.

At the start of the session Giusella Finocchiaro, the Italian Uncitral representative for electronic commerce was unanimously elected as chairperson.

The WG is working on a detailed document on Electronic Transferable Records, which could form the new law model. This work is drawing to a conclusion.

The basic principles that motivated the WG have been reaffirmed; namely those of technological neutrality and non-discrimination between paper and electronic documents, keeping any impact on national law regulations to a minimum.

The 50th session of the WG will be held in Vienna from the10th to the 14th November 2014.

posted by admin on dicembre 20, 2011

E-commerce and contracts

(No comments)

The United Nations Commission on International Trade Law (UNCITRAL) has just published the official report on the last meeting of the Working Group on Electronic Commerce.Giusella Finocchiaro took part in the official meeting as the representative of Italy. The topic is a possible legislation on electronic transferable records. Here are some of the key issues raised before the UN group.

-Is there a market demand for international rules governing electronic transferable records?

-Should such rules cover both negotiable instruments and documents of title?

-What should the rules be? Should the UN leave room for both “digital objects” that can satisfy the requirements to be unique and transferable, and registers of title interests in the underlying assets?

- If a register system is chosen, how does one sort out the priorities between the various domestic registries and the eventual international registers?

- Is there a demand for electronic documents or records either at domestic or in international trade?

  • Recent comments

  • Popular posts

    • None found