Bahrain accedes to the UN Electronic Communications Convention
Bahrain has acceded to the United Nations Convention on the Use of Electronic Communications in International Contracts (2005) (the “Electronic Communications Convention”). With its accession to the Electronic Communications Convention, Bahrain becomes the fourteenth State Party to the Convention. It will enter into force for Bahrain on 1 January 2021.
The Electronic Communications Convention aims to enhance legal certainty and commercial predictability where electronic communications are used in international contracts. For instance, it provides criteria for establishing functional equivalence between electronic communications and paper documents with respect to legal requirements such as “writing”, “original” and “signature”, building upon legal principles and provisions contained in other UNCITRAL texts on electronic commerce, such as the UNCITRAL Model Law on Electronic Commerce, already adopted in some 150 jurisdictions across more than 70 countries.
Another goal pursued by the Electronic Communications Convention is removing legal obstacles to the use of electronic communications that may arise from the terms of treaties concluded before the widespread use of electronic media, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the “New York Convention”) and the United Nations Convention on Contracts for the International Sale of Goods, 1980 (“CISG”).
The adoption of the Electronic Communications Convention complements the electronic commerce law reform exercise that Bahrain has carried out in cooperation with the UNCITRAL Secretariat and that led to the adoption in November 2018 of a revised Electronic Transactions Law, incorporating substantive provisions of the Convention, and of the Electronic Transferable Records Law, enacting the UNCITRAL Model Law on Electronic Transferable Records.
Further information about the Electronic Communications Convention is available on the UNCITRAL website: https://uncitral.un.org/en/texts/ecommerce/conventions/electronic_communications.