Legal Challenges of Electronic Contracts in International Trade

Taati Sarshkeh, Mohammad

doi:10.22106/jlj.2026.2058841.6282

Legal Challenges of Electronic Contracts in International Trade

Document Type : Research/Original/Regular Article

Author

Mohammad Taati Sarshkeh

Master of Private Law

10.22106/jlj.2026.2058841.6282

Abstract

Electronic contracts, as a novel phenomenon in international trade, while offering advantages such as speed, technical precision and economic efficiency, have given rise to unprecedented legal challenges in four key areas: party authentication, conflict of laws, privacy, and cross-border enforcement of judgments. Adopting a descriptive-analytical method and examining international instruments, this study identifies four principal challenges: determination of the governing law, digital identity verification, conflict with data protection regulations, and the difficulty of enforcing international arbitral awards and judgments. Proposed solutions are presented at two levels. At the international level, they include accession to harmonizing conventions, development of electronic arbitration, and standardization of digital signatures. At the national level, they comprise revision of the Electronic Commerce Act of 2003, establishment of an independent supervisory body, and reinforcement of security infrastructure for identity authentication. The overall finding is that the legal regime governing these contracts requires an intelligent fusion of traditional principles with modern technologies in order to strike a balance between commercial efficiency and legal certainty, an endeavor that necessitates international cooperation, modernization of domestic frameworks, and empowerment of the actors operating in this field.

Keywords

Electronic Contract

International Trade

Conflict of Laws

Digital Signature

Privacy

Subjects