Proposed additional text for the Model Law revisions to article 9 of the Model Law, to address the form of communication

Proposed additional text for the Model Law revisions to article 30 of the Model Law, to enable the submission of tenders in electronic form

As regards the form of an electronic contract, the conclusion of such a contract is not subject to any requirement as to form.

C. Form of communication proposed revisions to article 9 of the Model Law

Proposed additional text for the Model Law revisions to article 11 of the Model Law, to enable the maintenance of the record of the procurement proceedings in any form

Proposed additional text for the Guide to Enactment regarding article 9 of the Model Law, to address the form of communication

E.95.V.20), part three, annex I. The Model Law is available in electronic form at the UNCITRAL web site (http www.uncitral.org english texts procurem ml procure.htm).

Proposed additional text for the Guide to Enactment regarding article 30 of the Model Law, to enable the submission of tenders in electronic form

E.94.V.16), part two, I. Under the 1993 Model Law on Procurement of Goods and Construction, the notice of contract awards is given only to suppliers and contractors (article 35 (6)).

Proposed additional text for the Guide to Enactment regarding article 11 of the Model Law, to enable the maintenance of the record of the procurement proceedings in any form

The Model Law is available in electronic form at the UNCITRAL website (http www.uncitral.org english texts procurem ml procure.htm).

The draft below is presented as a draft article for the Model Law, but the text could equally take the form of draft regulations.

Form of communication proposed revisions to article 9 of the Model Law (A CN.9 WG.I WP.38 Add.1, paras.

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.

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.

The Working Group deferred consideration of the extent to which the provisions should be addressed in the Model Law, Guide to Enactment in the form of narrative text, or in draft regulations.

It would then be appropriate to use the Model Law's usual procedure in article 36 for dealing with cases in which the apparent winner does not conclude the contract that is, awarding the contract to the second best bidder.

1. Nothing in this Convention requires a communication or a contract to be made or evidenced in any particular form.

Generally, Roman bridges featured wedge shaped primary arch stones (voussoirs) of the same in size and shape.

Nothing in this Convention requires a communication or a contract to be made or evidenced in any particular form.

The Working Group has agreed to provide for a general principle as to the form of communication in article 9 of the Model Law (A CN.9 575, paras. 32 and 33), which would apply to all types of communications dealt with in the Model Law.

The Model Law is available in electronic form at the UNCITRAL website (http www.uncitral.org english texts procurem ml procure.htm).

The essential requirement, subject to other provisions of the Model Law, is that a communication must be in a form that provides a record of its content.

In response to some of those concerns, it was noted that risks of contract non performance would be mitigated through the proper implementation of articles 6 (Qualifications of suppliers and contractors) and 32 (Tender securities) of the Model Law, which would enable the qualifications of the supplier and the resources available to undertake the contract to be assessed.

As to the form of work, the Commission considered that a model law would be too rigid and noted the suggestions made for a set of principles with a legislative guide that would include legislative recommendations.

That consultation might take the form of a multinational colloquium, a forum used to good effect in developing both the Model Law on Cross Border Insolvency and the Legislative Guide on Insolvency Law.

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As to the form of work, the Commission considered that a model law might be too rigid and noted the suggestions made for a set of principles with a legislative guide that would include, where feasible, model legislative provisions.

As regards the use of electronic communications in the procurement process, the Working Group agreed to continue its consideration of new provisions to be incorporated in the Model Law, as a new article 4 bis.

Cases relating to the UNCITRAL Model Law On Electronic Commerce (MLEC)

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(viii) Guiding principles for the Model Regulations

Proposed additional text for the Model Law revisions to article 33 of the Model Law, to address the opening of tenders submitted electronically

(g) In the area of electronic commerce, the UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures.

The form of communication is a sub category of the general means of communication proposed to be addressed in a new article 4 bis of the Model Law, as discussed in paragraphs 24 29 of document A CN.9 WG.I WP.38.

3), some views were expressed that the relevant provisions should be located together. Other delegations considered that article 9 of the Model Law was restricted in scope to the form of communications between the procuring entity and suppliers and that provisions addressing matters beyond that specific topic should be located elsewhere in the text.

The theme of the Convention was discussed in different seminars, and was part of the Regional Pilot Program for Prevention and Assistance for Intra family Violence against Women , held in Porto Alegre, in September 2003.

The Model Law and its accompanying Guide to Enactment have been published as United Nations publication (Sales No. E.99.V.4) and are available in electronic form at the UNCITRAL website (http www.uncitral.org english texts electcom ml ecomm.htm).

(j) UNCITRAL Model Law on International Commercial Arbitration (1985) (new legislation adopted on the basis of the Model Law in Chile and the Philippines)

Under article 30 (5)(a) of the Model Law, tenders are to be submitted in writing, signed and in a sealed envelope , or under article 30 (5)(b) in any other form specified in the solicitation documents , subject to certain conditions.

This erodes support for the free enterprise system.

Case 567 Singapore High Court OM No 9 of 2003, PT Tugu Pratama Indonesia v.

Scope of article 5 of the Model Law

F. UNCITRAL Model Law on Electronic Signatures (2001)