In today's world, a large number of
international trade transactions are carried
out by electronic data interchange and other
means of communication, commonly known
as “electronic commerce”. It uses
alternatives to paper-based methods of
communication and storage of information.
The United Nations Commission on
International Trade Law (UNCITRAL), by the
means of Model Law on Electronic
Commerce (MLEC), sought to provide a set of
internationally acceptable rules with an aim
to remove legal obstacles and increase legal
predictability for e-commerce. It has further
improved the efficiency in international trade
by providing equal treatment to paper based
and electronic information, thus enabling the
use of paperless communication.
The model law is not a comprehensive, code-
like articulation of the rules for the electronictransactions. It does not intend to govern
every aspect of electronic contracting. It
adopts a limited framework approach and
enables and facilitates e-commerce. It has
adopted the following fundamental principles
of the modern electronic-commerce law:
e The principle of non-discrimination — It
ensures that any document would not be
denied legal validity, effect, and
enforceability solely on the basis that it is
in electronic form.
e The principle of technological neutrality —
It mandates the adoption of such
provisions which are neutral with respect
to technology used. This aims at
accommodating any future developments
without any further legislative work.
e The functional equivalence principle — Itsets out the specific requirements that e-
communication ought to meet in order to
fulfill the same functions that certain
notions ,in traditional paper based
system, seek to achieve, for example,
“writing”, “original”, “signed”, and “record”.
All the states have given favourable
consideration to the model law while
enacting or revising their laws so that
uniformity of the law applicable to the
alternatives to the paper-based methods of
communication is facilitated.