Abstract
The existing requirements in national and international law for the use of written documents or manual signatures in international trade transactions are considered to constitute major obstacles to the development of electronic commerce at global level. Other obstacles also include questions and uncertainties concerning the validity, legal effect and enforceability of transactions regarding electronic bill of lading conducted via electronic means, in a legal environment based on paper. The Law No 20/2014 excluded promissory notes and negotiable bills of exchange from the scope of application of this law. The law also does not apply to any event that the law requires to be expressed in a written document or to be documented or when it is subject to a specific provision in another law, e.g. the bill of lading where the Kuwaiti Maritime Law states that the maritime contract of carriage shall be made in a form of bill of lading, and shall be written. The law says that the bill of lading shall be drawn on two originals; one shall be handed over to the shipper and the other to the carrier and shall be stamped by a non-negotiable seal. This research aims to investigate the applicability of negotiable electronic instruments and documents (mainly the bill of lading) in Kuwait. The research shall examine whether the Kuwaiti Law No 20/2014 should be Expanded to Include Transferable Instruments. The research analysed the three jurisdictions (Bahrain, Singapore, and Abu Dhabi Global Market, and compared them with the Kuwaiti law in terms of adopting the Model Law on Electronic Transferable Records. Keywords: Commercial law, Electronic commercial law, Electronic transferable records, Bill of lading, Negotiable instruments.
Published Version
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