Improvements in the Practice Application of UNCUECIC

Abstract

Purpose – ‘United Nations Convention on the Use of Electronic Communications in International Contracts’ (UNCUECIC), established at the 60th UN General Assembly in 2005, is the most applicable law for securing legal certainty and practical predictability and is expected to remove legal obstacles in CBEC. Design/Methodology/Approach – CBEC laws, current studies, UN and UNCITRAL periodical publications, and research by the Korea Ministry of Justice and Korea Customs Service are analyzed qualitatively, focusing on issues with the CLOUT Case and practical evidence from corporations in CBEC business. Findings – The practical necessities of UNCUECIC are suggested by reviewing cases from UNCITRAL and CBEC corporations. First, UNCUECIC provides a legal certainty, removes legal obstacles and increases practical predictability. Second, the convention allows technological neutrality, accepting all forms of electronic communication to create, deliver, and store regardless of technology or media referring to ‘Form of Freedom’. Third, it allows all forms of electronic communication with functional equivalence. Research Implications – First, a certified electronic address satisfies the form requirement. Since the information system is vulnerable to the authenticity due to legal uncertainty, it can secure legal certainty and practical predictability in CBEC. Second, an interpretation like ISBP unifies practices and reduces risks in contracts. Also, it removes ambiguous clauses for dispatch and receipt. Therefore, it provides practical clearness, uniformity, and predictability Third, the effort of individuals, and corporations, and governments are strongly suggested. Training and technical support, currently focused on the improvement of export competency, should move to uniformed legal training, solving issues, and, as a consequence, increase practical predictability.