Originality of Paper and Electronic Documents (Part 4)

In the latest installment of his article series on originality of paper and electronic documents, Pavel Andrle addresses practical use of the current ICC rules and matters he believes need clarified to better facilitate use of electronic records in trade finance.

Originality of Paper and Electronic Documents (Part 4)

In the first part of my article series on this expansive topic, I analyzed various aspects of paper documents presentation, issues of originality, and ways of signing paper documents.

In the second, I focused on electronic documents and how they are treated by practice rules (UCP, ISP, and URDG) and further elaboration as relates to eUCP and ISDGP. This second article dealt mainly with issues regarding the meaning of electronic document (record) under the rules, what is an electronic signature, and matters of authentication.

The third article examined considerations surrounding electronic guarantees.

These articles set the scene for further discussion of the topic. In continuing this series, I take up factors relating to issuance and presentation of electronic documents under trade finance instruments. The intention is to focus on practical interpretation and use of the rules today and what remaining issues need clarified to more fully foster use of electronic records in the area of documentary credits and demand guarantees.

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