Part One: Additions/Changes to Uncitral Model Law

1 Issues arising from Chapter I of Model Law

a) Scope of the Commonwealth model law

The Group recommended that the Commonwealth model should apply at least to all matters within the definition of "commercial" as defined in the Note to Article 1 of the UNCITRAL Model Law. Although the Group made no recommendation beyond this, it noted that some countries have drafted their legislation in wider terms (e.g. the Australian Electronic Transactions Act applies to "transactions" and is not therefore limited to commercial transactions; the same is true of Singapore. Canada's uniform legislation applies to all rules of law, commercial or not, except where expressly excluded.)

Conscious of the issue of equal access, the Group recommended the insertion of a separate provision which makes it clear that any obligation on Governments to publish documents or information, or to make them available for public access and inspection, cannot by reason of this Model Law be satisfied solely by publication or access in electronic form. Individual programs or departments may decide to use exclusively electronic communications, but ...

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