Electronic Signature in Commerce: Russian, Foreign and International Regulations

Abstract

The article analyzes admissibility of ordinary e-mails where applicable law requires the contract to be made or evidenced in writing and signed.
In the absence of the relevant legal definition, nature and imperative content of signature are deduced from the legal acts, case law and doctrine.
Paper also looks into specific Russian law requirements to the form of foreign trade deals and electronic signature Given that Russia has recently signed the UN Convention on the Use of Electronic Communications in International Contracts, paper describes the current English practice which may be instructive Author comes to the following conclusions and recommendations de lege ferenda:
a) signature by nature is the attribute of form, so that even when the authority of a party is not disputed, the contract still may be void absent the valid signature;
b) to take a more liberal approach towards harmonization with international instruments and trade practice, Russian law shall define the signature as any mark stated by the signatory on the document with the aim to identify the signatory and its intentions towards the document; and
c) for the avoidance of doubt, all statutory requirements to the form of signature shall be explicitly waived.