Electronic Contracting

ICC offers eTerms 2004 in response to the challenges and opportunities presented by the new technologies that shape business practice.

By agreeing to abide by ICC eTerms 2004, the parties make it clear to arbitrators and judges resolving any disputes they might have on the workings of the substantive contract between them that they do not have a dispute about the technical means through which they had reached a contract. With ICC eTerms 2004 in place, the parties have intentionally agreed to contract electronically. This means there is one less dispute to resolve or spend money on.

ICC eTerms 2004:

  • are designed to enhance the legal certainty of contracts made by electronic means
  • provide you with two short articles, easy to incorporate into your contracts, which make it clear that you and your counterparty intend to agree to a binding electronic contract
  • do not affect the subject matter of your contract, and do not interfere in any way with any terms you may have otherwise agreed upon: they simply facilitate the procedures and the use of electronic means in concluding a contract
  • can be used for any contract involving the sale or other disposition of goods, rights or services
  • can be used wherever you draft contracts by electronic means
  • Click here to access ICC eTerms 2004

    ICC Guide to eContracting

    ICC also provides a product accompanying ICC eTerms 2004 to explain how you can apply ICC eTerms 2004 to your contract. ICC recognizes that the speed and ease of electronic contracting is a balance of risks and chances. These can often more easily be allayed in-house, through sensible, practical and flexible precautions, rather than through international legislation or through contract terms. With this in mind, the ICC Guide to eContracting provides steps which might be taken by businesses to reassure them when contracting electronically.

    Click here to access ICC Guide to eContracting