Eleven years after it was approved by the United Nations Commission on International Trade Law, the UN Convention on the Use of Electronic Communications in International Contracts (also known as the “Electronic Contracts Convention”) has been sent by the President to the Senate for ratification. A substantial portion of my book, Every1’s Guide to Electronic Contracts, analyses this Convention.
My earlier academic articles suggested some procedural changes to the process of ratification, such as separate legislation enacting the treaty into U.S. law. This simple step will put the treaty into a section of the United States Code. As a code section, the text of the treaty will be easy to find. It will also make the treaty more likely to be annotated with judicial opinions that apply it in specific lawsuits. This has not always happened with commercial treaties ratified by the U.S., such as the Convention on Contracts for the International Sale of Goods. These researching difficulties have discouraged some parties from including previous treaties, to their advantage, as governing law in their international contracts. See http://bit.ly/1mYsXeM for my articles on the Electronic Contracts Convention.
TO THE SENATE OF THE UNITED STATES: