The Center took part in the 65th session of the UNCITRAL Working Group IV

On April 10 – 14, the International and Comparative Law Research Center took part in the 65th session of the UNCITRAL Working Group IV as an observer. On the session there has been a discussion of the documents A/CN.9/WG.IV/WP.179 — Advancing work on automated contracting, and A/CN.9/WG.IV/WP.180 — Default rules for data provision contracts. 

Delegations shared their views on the possible limitation of the scope of data contracts regulation; on the relationship between such terms as data processing and use of data; on data requirements and determination, as well as on guarantees and limitations in the data provision.

Members of the Working Group also discussed how to distinguish between “deterministic” and “non-deterministic” automated systems, how to meet the legal requirements relating to the state of mind of the subject of law (awareness, bona fides, reasonableness), and nuances of the use of automated systems in the conclusion and implementation of a contract.

The Center’s expert Nikolay Dmitrik emphasized that the provisions of contract law and capacity requirements for counterparties must be considered in light of the principles of technological neutrality and accountability

On April 11, there has been organized an event dedicated to the creating of the draft Digital Code of the Kyrgyz Republic. The experts of the Working Group IV and the authors of the code held an informal discussion on the key provisions of the document, including in the context of reflecting in the code the provisions laid down in previously adopted UNCITRAL documents.