Development of an international legal framework for automated digital commerce and data exchange continues: latest news on the development of UNCITRAL instruments
From 18 to 22 November 2024, the 67th session of Working Group IV (Electronic Commerce) of the UN Commission on International Trade Law The United Nations Commission on International Trade Law (UNCITRAL) develops conventions, model laws, guidelines, and other instruments in the field of international trade. The main preparatory work is carried out within the framework of Working Groups. Working Group IV has been dealing with the digitalization of turnover between electronic commerce participants in recent years. was held at the UNCITRAL headquarters in Vienna.
The ICLRC took part in the Working Group as an observer and was represented by the Center's Senior Expert on Private Law Olga Melnichenko, and by the invited expert Nikolay Dmitrik. The session included discussions on:
- Secretariat work on a comprehensive blockchain instrument.
About Model Law
The Model Law on Automated Contracting was adopted at the meeting of the Commission in July 2024. Read about the results of the session, in which the Center's experts participated in the summer, on our website. The Model Law covers all stages of the life of a contract that is concluded and executed using any digital automated systems — without human intervention. At the same time, in the context of the principle of technological neutrality, the legal force of such a contract is recognized irrespective of the type of technology used. Its balanced provisions will be a reference point for national legislatures. Read more about work on the draft Model Law: comments on draft instruments and participation in the 65th session of Working Group IV.
Work on the Guide
The Guide is intended to assist states in adopting national regulation based on the Model Law, and will also be useful in applying and interpreting its provisions. The instrument is addressed to politicians and legislators, as well as academics, practitioners, judges, and anyone who implements, operates or uses automated systems in their trading activities.
Working Group has finalized the text of the Guide, and it is being prepared for publication by the Secretariat.
Discussion of Default rules
Working Group continued to consider the Default rules for data provision contracts. This instrument is aimed at systematizing and unifying relations in the field of provision and circulation of data in any form.
The Center’s expert Nikolay Dmitrik proposed the idea of developing a document in the form of approximate standard basic terms and conditions of a data contract, which would allow combining and standardizing disparate practices of concluding agreements. That idea was reflected in the Working Group's decision: it was determined that the final document could be adopted as a draft convention, model law, or model contractual rules.
The discussion of the next version of the Default rules is scheduled for March 2025.
Preparation of a blockchain instrument and further possible work on unification of regulation
The Secretariat informed the members of the Working Group about its activities in the field of distributed ledger technologies (blockchain) and the inventory of digital commerce acts in order to prepare a comprehensive instrument in this area. The Secretariat's report will be made publicly available at a later date.
Following Russia's initiative to update UNCITRAL regulation, the ICLRC continues to study how key provisions of UNCITRAL acts in the field of electronic commerce are implemented in different countries.
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In 2008 graduated from St. Petersburg State University (bachelor’s degree).
In 2010 received The Master’s degree in St. Petersburg State University (Civil, Family, International Private Law).
Since 2008 till 2020 she worked in the Presidential Domestic Policy Directorate of the Presidential Executive Office.
Since 2013 to present — Senior Lecturer of the Department of Civil Law and Procedure of the Higher School of Economics Saint Petersburg School of Law.
Since July 2020, she started working in the International and Comparative Law Research Center. Olga coordinates the private law analysis of drafts of legal acts and international instruments developed by the United Nations Commission on International Trade Law and the International Institute for the Unification of Private Law. She prticipates in events on the topics of the Center's work (private international law, contract law, digitalization of trade, experimental legal regulation, etc.).