b) What could these be? Q 27-4 a) What does the party relying on Art. 27 CISG have to prove? b) How is proof to be provided? Q 27-5 a) What are the ‘means appropriate’ in the circumstances? b) What about from a language perspective? Q 27-6 Does the issue of ‘appropriate means’ even fall within the ambit of Art. 27 CISG? CISG-Advisory Council Opinion No. 1, Electronic Communications under CISG:

Legal recognition of data messages Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the form of a data message.

Art. 8 Draft Resolution II, UN Convention on the Use of Electronic Communications in International Contracts:

Legal recognition of electronic communications 1. A communication or a contract shall not be denied validity or enforceability on the sole ground that it is in the form of an electronic communication. [. . .]

Art. 10 Draft Resolution II, UN Convention on the Use of Electronic Communications in International Contracts:

Time and place of dispatch and receipt of electronic communications 1. The time of dispatch of an electronic communication is the time when it leaves an information system under the control of the originator or of the party who sent it on behalf of the originator or, if the electronic communication has not left an information system under the control of the originator or of the party who sent it on behalf of the originator, the time when the electronic communication is received. 2. The time of receipt of an electronic communication is the time when it becomes capable of being retrieved by the addressee at an electronic address

designated by the addressee. The time of receipt of an electronic communication at another electronic address of the addressee is the time when it beomces capable of being retrieved by the addressee at that address and the addressee becomes aware that the electronic communication has been sent to that address. An electronic communication is presumed to be capable of being retrieved by the addressee when it reaches the addressee’s electronic address. [. . .]

Question

Q 27-7 What is the situation with respect to electronic means of communication and the e-commerce phenomenon?