Information on EC Program:  The Developing Law of Electronic Commerce

Location: UN Regal Hotel NYC.

Program:

As to the program, our intention is to focus on the work of UNCITRAL and related projects and to examine it from a comparative and practical (transactional) perspective. In addition, we hope to discuss further work which could usefully be undertaken at the international level. The intended audience is attorneys and managers from multi-nationals and the firms that service them, as well as law professors and other interested persons. We also hope to attract a number of the delegates from the Working Group.

As to topics and program, the following represents the first draft of the program. I would welcome your comments and observations. Our intention is not to occupy the time with talks but to emphasize interaction between the panelists and the audience. For CLE purposes, it will be necessary to have some outlines and materials, but I hope that we can satisfy these requirements without loading the program down with talks.

Tentative Program

Thursday 24 February

10:00 to 11:00 Report on Status of Current Projects
UNCITRAL projects
NCCUSL projects
ICC Rules

Methods/Tools
Trading Partner Agreements
Rules of practice
Closed systems
Regulations
Statutes
Comprehensive statutory codes
National/international level

11:00 to 1:00 Formation of Electronic Contracts

How is contract formation affected by electronic contracts? The value and limits of trading partner agreements, the place of rules of practice (e.g. draft ICC rules), signatures and writings, offer and acceptance, consent, the entire contract, and amendment.
Formation of Agreements
certificates authorities
record keeping
signatures
writing
acknowledgement
role of traditional bilateral contract law

1:00 - 2:15 Luncheon: An International Legal Regime for Ecommerce via existing UNCITRAL texts

2:15 to 3:00 Certification Authorities
Necessary? Technology specific? Legislative initiatives. Who can/should provide the service? Liability?

3:00 to 5:30 Performance of Contracts & Ecommerce
Electronic Bills of Lading and Warehouse Receipts (Bolero, Cotton Warehouse receipts, and the economics of such products), a law for the international sale of goods (the UN Convention on the International Sale of Goods), commodity markets, warranties.
Performance
Bolero
electronic documents of title
LC presentation
shipment of software
warranties

6:30 to 8:00 Dinner: Ecommerce, the Internet, and International Law
Consumers and beyond: Is international legislation needed?

Friday 25 February

9:00 to 11:00 Payment & Electronic Commerce
Credit cards and electronic money, the wholesale funds transfer systems, the role of banks, assurances of performance (standbys and independent guarantees)
Payments
security
systems
assurances

11:15 to 12:30 Litigation
jurisdiction
evidence
ADR

12:30 to 2:00 Luncheon address? ["An Answer to the Jurisdiction Issue: Ecommerce Arbitration and ADR"]

2:00 to 3:00 Special Sectors
consumers
government
banking
markets and stock
third party intermediaries

3:30 to 5:00 Needed Future Work

What further work is needed internationally to facilitate the growth of electronic commerce? Who could/should facilitate it?

Panelists:
The invited panelists to date are as follows:

Amy Boss
Tom Smedinghoff
UNCITRAL staff (R. Soriel; J.T.)
H. Burman
G. Hermann
Tom Vartanian
Paul Heath
Chris Kuner
Henry Perritt
David Goddard
Bill Stubblefield
George Chandler
Dan Taylor
Bolero representative
Connie Ring
Michae
Nugent