1. Dr. Amel k. Abdallah
Sultan Qaboos University
Sultanate of Oman

2.  CISG is a substantial international legislation
for cross-border electronic commercial
contracts.(e- contracts)
 an attempt to explores the CISG precepts and
its relevancy for e- contracts in Arab world .
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3. 1. Direct & indirect Application of CISG in arab
World.
2. CISG & E. commerce in Arab world
a-Legal framework of E- commerce in Arab world.
b-Bridge between CISG & E-commerce rules in
Arab world.
c-E-Commerce & Scope of application of CISG in Arab
world.
d -CISG & Formation of E-contract in Arab world.
e-CISG & Termination of E-Contract in Arab world
f-CISG & Dispute Resolution in Arab World ( E- Courts)
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4. SIX Arab countries ratifies CISG
1. Egypt on 1 January 1988,
2. Syria on 1 January 1988,
3. Iraq on 1 April 1991,
4. Mauritania on 1 September 2000,
5. Lebanon on 1 December 2009.
6. Bahrain 1 October 2014
7. What about other (16) countries ?
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5.  in non-contracting state
Conflict-of-laws rules may lead to apply CISG,
 pursuant to Article 1(1)(b) CISG.
“( when the rules of private international law
lead to the application of the law of a
Contracting State.”
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6.  Law Chosen by the Parties
Almost all Arab laws consider the law chosen by the
parties.
( ex.Art.21- Omani civil law/Art.20 Egyptian civil law/Art.21
Jordanian civil law, Tunisian PIL code .Art.62)
 In The absence of choice
 The law of the state where such contracts were concluded
( Majority)
 Art, 62 - Tunisian PIL code .Art.62 :
Law of the country of residence of the principal actor carrying out
the contract.(Minority )
 Possibility of applying CISG in non- contracting Arab states.
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7. 1. Legal framework of E- commerce in Arab world.
2. Bridge between CISG & E-commerce rules in
Arab world.
3. E-Commerce & Scope of application of CISG in
Arab world.
4. CISG & Formation of E-contract in Arab world.
5. CISG , performance & Termination of E-Contract
in Arab world
6. CISG & Dispute Resolution in Arab World ( E-
Courts)
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8.  Arab legal systems & civil law nature.
 influence of Civil / Commercial Codes &
custom in contractual relationships.
 Arab laws of electronic commerce by 2000s.
 Role of UNCITRAL model law of E-commerce
and E-signature.
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9. 1. Tunisia's Electronic Exchanges and Electronic Commerce Law
No. 83 of 2000
2. Jordan's Electronic Transaction Law No. 85 of 2001
3. Dubai's Electronic Transactions and Commerce Law No. 2 of
2002
4. UAE's Federal No.1 of 2006 on Electronic Commerce and
Transactions
5. Bahrain's Electronic Commerce Decree No. 28 of 2002
6. Syria's Electronic Signature and Network Services Law No. 4 of
2009
7. Egyptian's Law No. 15 of 2004 on E-signature & Establishment
of Information Technology Industry Development Authority
(ITIDA)
8. Lebanon's E-signature draft law
9. KSA System of e-transactions 2007
10. Oman- Law no 69/2008 on E-transactions
11. Arab League Model Law for E- transactions & E- commerce.
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10.  Arab Model Law for E- transactions & E-
commerce.
 Inspired by the UNCTIRAL model laws for E-
commerce and E- signature /some
modifications and additions.
 Covers also e-payments, e-contracts
(including consumer protection), applicable
law and jurisdiction.
 May be used as a guidelines, but not as a
comprehensive Model Law.
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11.  National laws are quit similar to each others.
 e-commerce needs an international
umbrella.
 United Nations Convention on the Use of
Electronic Communications in International
Contracts (New York, 2005)
 How many Arab States (
( only) 2 states signed : Lebanon -2006/KSA-
2007
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12. 1. streamline efficiency of the process by which e-
transactions are conducted.
2. to create a safe “environment” for e-transactions to
take place.
3. provides a list of procedural requirements and safety
nets to be implemented by “Authentication Service
Providers” who manage and provide electronic
transaction services.
4. Regarding CISG , these rules comply with the CISG
advisory council Opinion No.1 concerning electronic
Communication Under CISG (2003)
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13.  Art(7) CISG
1. Three guidelines for interpreting the convention.
( internationality /Uniformity/Good Faith)
1. The comparative legal analyses may play a role in
interpreting CISG , for instance where a particular rule
has been transferred into the convention from one
/several legal system.( Huber& Mullis-2008)
 Any rules of this framework may influence the
interpretation of CISG Articles .
 Ex. Concept of “Goods”.
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14. 1. Type of e-contracts could be governed by
CISG
2. Electronic materials and concept of “goods”
in CISG.
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15.  Regarding Art. (2)(1) – CISG rules applied to
the formation of :
1. B2B (business to business) e-commerce
contracts
2. B2G (business to government)
3. G2G (government to government) contracts
 CISG is not applicable to B2C (business to
consumers) e-commerce contracts
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16.  CISG is not applicable to B2C (business to
consumers) e-commerce contracts.
 Transaction concluded electronically by
exchanging emails, accepting offers on
websites….etc, Wouldn„t be subject to CISG
unless it is concluded for commercial purpose (
commercial contracts )- principle of free proof in
commercial Dealings.
 sale by online auction Wouldn„t be subject to
CISG. ( art.2 CISG)
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17.  CISG didn‟t specify the Concept of „goods‟.
 movable property means :
1. anything of an instable and unfixed.
2. cannot be removed without damaging it or altering ( Art.54
Omani civil law /82 Egyptian civil law…..)they didn‟t require any
physical form for movable.
3. Some Arab law distinguish between movables by nature and
constructive movables ( including copy rights ) Tunisian civil
code Art.9.
4. Arab laws consider Software as goods, irrespective the form
of this software. (tangible media, program expressed by
codes…etc)
5. CISG will govern the contract as long as it transfer the
property of software , Irrespective the physical form of software
.
6. Shrink-wrap licenses/Click-on licenses subject to domestic
laws
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18.  principle of informality in CISG.(art.11)& Principle of consensuality in
Arab Civil codes.
 Writing is not a requirement of conclusion of contract in Arab world.
 It is required to prove the contract .( Omani civil code
/Egypt/Tunisia/Syria/KSA/Bahrain….)
 Principle of free proof in Arab commercial codes comply with principle of
informality in CISG.
 Arab laws recognize equivalency between electronic contracts and
traditional paper contracts ( ex. art.12/2 Omani law of e-transaction/
art.12 UAE ).
 CISG (art.13) comply with Arab laws of e- transactions.
 Arab Civil law ,CISG ( art.24) – time and place of conclusion – reach of
acceptance ( ex. Omani Civil Law –art.80)
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19.  Notice concerning lack of conformity (
CISG.39),Notice concerning intellectual property
rights of third party ( CISG.43),Notice of declaration
of avoidance in (CISG.26),….etc
 Electronic Notice & performance / termination of
contract . Accepted in Arab laws ( ex.art.11 of Omani
Law of e-transaction – CISG Advisory Board)
 Art. 27 CISG – (Delay / error/ failure of transmission
of communication does not deprive that party of the
right to rely on the communication)
 accepted in Arab Laws as long as the electronic notice
could be proved .(ex.art.11 of Omani Law of e-
transaction)
 Liability of service provider .
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20.  Settlement of Electronic CISG contract in Arab
world .
 Modern Legislation / lack of practice/
experience.
 Settlement of CISG disputes by arbitration.
 Special case of Dubai international Financial
center Courts ( E.Courts)
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21.  Arab Laws of electronic dealings comply with
CISG Advisory Council Opinion No. 1 Electronic
Communications Under CISG .
 Legal framework of E-Commerce in Arab
world comply with CISG .
 Availability of settlement of CISG disputes
arising out of electronic contract in Arab
world.
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