ABSTRACT

The United Nations (UN) convention on the use of electronic communications in international contracts. The UN convention also harmonises the determination of the location of the parties and time and place of dispatch and receipt of electronic communications, where there are various versions of wording in the EC directive on electronic commerce, the united nations commission on international trade law (UNCITRAL) model laws and the uniform electronic transactions act (UETA). The disputes in an electronic battle of the forms are likely to happen in a situation in which two trading companies both have their own standard terms of sale and purchase with collision terms, exchanging their terms by electronic means. The UN convention is silent on the 'battle of the forms' rule in electronic commercial transactions, it is necessary to include since it will occur more often when more and more large or medium-size firms get involved with cross-border online trading.