Certain Comparative Noteson Electronic Contract Formation

Abstract

Electronic contracts present trade law scholars with a multitude of issues concerning international privatelaw, arising from the peculiarities of the online environment. However, as in traditional paper contracts,directives, model laws and conventions governing electronic commercial transactions still leave open suchan important question as when is an electronic contract concluded. This article focuses on the offer andacceptance requirement using a comparative approach to explore how this issue is addressed in Russia aswell as in other civil- and common-law jurisdictions. The paper compares different regulatory approachestaken by the EU and US on the formation of electronic contracts, highlighting their differences and the progressmade towards convergence and consumer’s protection. The relevant law for each country is discussedin relation to two types of transactions: those concluded between qualified professionals or traders, i.e.so-called Business-to-Business (B2B), and those between qualified professionals and consumers, namelyBusiness-to-Consumer (B2C).