31 Supra Note Error: Reference source not found at 459.
32 Supra Note Error: Reference source not found (Hill) and Supra Note Error: Reference source not found (Arsic) at 216.
33 The following key differences between telegrams and e-mails were indicated: first, it was more difficult to change telegram’s contents during the transmission. Second, the role of intermediaries (telegraph companies v. internet service providers) differed. Telegraph companies could be assumed to have delivered the telegram with a very high degree of certainty; in contrast, e-mails can quite easily fail to be delivered. Finally, the telegraph office was (at least theoretically) able to verify the identity of the sender; in contrast, it is relatively easy to forge an e-mail, or at least to hide one’s own identity behind a “nickname” ascribed only to an IP address – Supra Note Error: Reference source not found.
34 Hill wrote that there is communis opinion doctorum in this respect, referring in particular to the public statements by V. Veeder and other distinguished arbitration scholars at the Fourteenth Congress of the International Council for Commercial Arbitration (ICCA) (3-6 May 1998, Paris, France) – ibid.
35 An electronic document is a set of numbers (normally in ASCII or some other code) representing text. See detailed explanation of the nature of an electronic document in: Ch. Reed, “What is a Signature?” (2000) 3 JILT, online: .
36 They may include routine check of the context and content of the e-mail, especially in comparison with what is done with ordinary letters or facsimiles; maintaining printed copies of all sent and received e-mails; requesting the recipient to confirm the receipt of e-mails (which reproduces the reliability of return-receipt registered mail) – Supra Note Error: Reference source not found.
37 Supra Note Error: Reference source not found at 20.
38 Supra Note Error: Reference source not found.
40 Supra Note Error: Reference source not found at 459.
41 Uniform Rules of Conduct for Interchange of Trade Data by Teletransmission (UNCID Rules), Introductory Note, Section II, online: .
42 R. S. Davis, What is E-mail?, online: .
43 Supra Note Error: Reference source not found.
44 S. Handa, Fundamentals of information Technology (Markham, Ont.: LexisNexis Butterworths, 2004) at 92.
45 Although the information on the website can be structured and presented in many different ways, there are typically some facilities for indicating buyer acceptance and transmitting that acceptance back to seller. An offer is often presented as an electronic form, the buyer completes certain blank fields, and then initiates a "submit" or "transmit" or "accept" function.
46 This way a transmission of information from the buyer to the seller is conducted. Hill argued that this is analogous to the transmission that takes place when an e-mail or fax is sent, the only difference being that the recipient initiates the transmission in the case of the website, whereas the sender initiates the transmission in the case of e-mail or fax. He concluded that this difference has no impact on the validity of the exchange – Supra Note Error: Reference source not found.
48 Supra Note Error: Reference source not found at 20.
49 Ibid. See also Supra Note Error: Reference source not found. Courts in certain jurisdictions have generally accepted the above reasoning. For example, US courts tend to hold that “arbitration clauses in point and click electronic contracts are enforceable [notwithstanding the FAA (9 U.S.C. 4) requirement of a "written" agreement]” – see: Lieschke et al., v. Realnetworks, Inc., 2000 WL 198424 (N.D.Ill. 2-11-2000), online: .
50 A. Broches, Commentary on the UNCITRAL Model Law on International Commercial Arbitration (Deventer: Kluwer, 1990) at 38; J. Coe, International Commercial Arbitration: American Principles and Practice in a Global Context (New York: Transnational Juris, 1997) at 55; B. Poznanski, “The Nature and Extent of Arbitration Powers in International Commercial Arbitration” (1987) 4 J. Int’l Arb. 71 at 71; A. van den Berg, The New York Convention of 1958: Towards a Uniform Judicial Interpretation (Antwerp: Kluwer, 1981) at 173.
51 Supra Note Error: Reference source not found. Since this article is focused on international commercial arbitration, remarks on arbitration involving consumers are not to be included. It is however worth mentioning here that in the European Union many national laws of EU member states are restrictive as to the possibility to resort to arbitration by means of a contractual clause in consumer contracts. However, such restrictions mainly apply in the case of domestic arbitrations and may not be applicable to any international arbitration involving consumers. On the other hand, according to US law all consumer arbitration clauses are generally lawful.