There is no doubt that electronic commerce has revolutionised the way commercial transactions are conducted. It has also fundamentally changed the way government business and the delivery of services are conducted. The growing need to address the legal issues raised by these changes has prompted the international community to take steps at an early stage. As mandated by Commonwealth Law Ministers, an expert group met to consider the legal aspects of information technology and to look into the possibility of modifying the UNCITRAL Model Law* to suit common law countries' needs and where appropriate produce a Model Law for common law jurisdictions.
The Group found that the structure and principles of the UNCITRAL Model Law worked well for common law countries and needed only a limited number of changes. In reaching this conclusion, the Group benefited from work already done in Singapore, Australia, New Zealand, Canada and the USA in refining the focus of the UNCITRAL text. Readers of the present document may assume that sections which the Group did not comment on means that the Group agreed with the principle and the general phrasing of the UNCITRAL Model Law.
This Report sets out the Committee's recommendations on how the Model Law might be most helpfully modified so as to be suitable for adoption by member countries.
The Report presupposes and requires a working knowledge of the area and the UNCITRAL Model Law. It...