American Bar Association
 
Cyberspace Law: International Trade Subcommittee

ABA Section of Business Law


Cyberspace Law:
International Trade Subcommittee


Who We Are



The International Trade Subcommittee was formed in August 2011 as an evolution of the Working Group on International Issues, part of the Cyberspace Committee of the Section of Business Law.

The Subcommittee deals with any aspects of the cross-border nature of the Internet and e-commerce that strike the interest of its members. This work can involve publications, internal reports, CLE programs and forums, and informed discussions. We work with other parts of the Cyberspace Law Committee and other parts of the Section as appropriate. Reports of the meetings of the Working Group and of recent meetings of the predecessor groups are linked to on this page.

The Subcommittee has a specialty, as it were, of examining recent developments and future activity in private international law matters that are likely to affect business lawyers. The results of the examination may be law reform suggestions, drafting solutions, program proposals, or policy submissions for national delegations. One of the co-chairs has responsibility for a selection of international e-commerce files at the State Department and is often looking for input in formulating official positions.


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Working Group Leadership



Sub-Committee Chairs:  Harold S Burman, John D Gregory

Committee Roster (175 total members)


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Programs, Meetings and Events



Committee Events
Winter Working Meeting 2014 Denver CO
January 31, 2014 - February 1, 2014
The Subcommittee will meet as part of the annual Winter Working Meeting of the Cyberspace Committee. The draft agenda is in the Reports and Publications section of this page, below.


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The Subcommittee will meet on the two sessions scheduled for Saturday morning. The first session will review an 'action item' to make a submission about the US position on an Asia-Pacific e-commerce regulatory framework. The October 2013 draft framework and the unofficial US position (based on the previous draft) are in the Reports and Publications section of this page, below. All the UN/ESCAP documents on the project to date are online: http://www.unescap.org/tid/reso683.asp

The meeting(s) will also consider the latest work of the UNCITRAL working groups on Online Dispute Resolution and Electronic Transferable Records and other documents in progress.

The most recent reports on electronic transferable records and on ODR are at the first two 'other links of interest' below. On ODR, you may wish to look as well at Working Papers 121, 123 and 125 for the November 2013 session, all at the same link.

There will also be a general discussion of the course of regulation of e-commerce in the world - convergence or divergence?

 

UNCITRAL E-Com Convention & Internet Jurisdiction



Cyberspace Committee Report on Implementing the ECC
ABA 2008 resolution suppporting US ratification of E-Communications Convention
UNCITRAL Convention compared with UETA and E-Sign (by SciTech Section)
UNCITRAL Convention on E-Communications - July 2005 report
UNCITRAL Convention on E-Communications - October 2004 report
more links...

Other Links of Interest



UNCITRAL materials on electronic transferable records
UNCITRAL material on online dispute resolution
General information on ODR
OAS - US draft model rules for ODR in consumer e-commerce
OAS - US Model Agreement for ODR in consumer e-commerce
OAS - US model law for payment claims of consumer cards
OAS - CIDIP VII - US proposal on consumer dispute resolution and redress
OAS - US Building a Practical Framework for Consumer Protection - slides
OAS -CIDIP VII - Brazilian proposal on the law applicable to consumer protection jurisdiction
OAS - CIDIP VII - link to Brazilian background paper
OAS - CIDIP VII - Report of December 2006 meeting of experts
UNCITRAL 2007 report on authentication and e-signatures (Doc A/CN.9/630 + 5 addenda)
Hague Conference materials on the Apostille Convention
UNCITRAL 2007 US paper on electronic transferable records
United Nations Internet Governance Forum
ABA Internet Governance Task Force
Tunis Agenda for the Information Society
Working Group on Internet Governance (pre-Tunis discussions)

Reports and Publications



WWM 2014 International Trade Subcom - Draft Agenda
UN/ESCAP Draft Agreement on E-Com Framework (Oct 2013)
UNESCAP unofficial response Nov 2013
US Implementation Issues - E-Communications Convention 2013
UNCITRAL Convention on Electronic Communications in International Contracts (ECC)
C. Martin, "The UNCITRAL Electronic Contracts Convention: Will it be Used or Avoided?", 17 Pace Int.L.R. 262 (2005)
C. Martin, "The Electronic Contracts Convention, the CISG, and New Sources of e-Commerce Law", 16 Tulane Jl of Int & Comp. Law 1 (2007)
John D. Gregory, "The Proposed UN Convention on Electronic Communications", 59 Bus. Law. 313 (2003)
Report of Subcommittee meeting - Spring 2012 (Las Vegas)
Report of Subcommittee meeting - Winter Working Meeting 2012 (San Francisco)
Report of Working Group meeting - Annual Meeting 2009 (Chicago)
Report of Working Group meeting - Spring 2011 (Boston)
Report of Working Group meeting - Winter Working Meeting 2011 (Austin TX)
Report of Working Group meeting - Spring 2010 (Denver)
Report of Working Group meeting - Winter Working Meeting 2010 (Miami)
Emerging Legal Issues in Online Gaming (Spring 2009 materials)
Report of Working Group meeting - Annual Meeting 2008 (New York)
Report of Working Group meeting - Spring 2009 (Vancouver)
Report of Working Group meeting - Winter Working Meeting 2009 (Santa Clara)
Working document on trade law standards - Winter Working Meeting 2007 (Little Rock AR)
Report of Working Group on International Policy meeting - Spring 2008 (Dallas TX)
Report of Subcommittee on Internet Jurisdiction meeting - Spring 2008 (Dallas TX)
Report of Subcommittee meeting- Winter Working Meeting 2006 (Wilmington DE)
Report of Subcommittee meeting - Annual Meeting 2005 (Chicago IL)

Modified by John D Gregory on January 28, 2014

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