Alajaji, Abdulrahman and Macculloch, Angus and Austen-Baker, Richard (2016) An evaluation of e-commerce legislation in GCC states : lessons and principles from the international best practices (EU, UK, UNCITRAL). PhD thesis, Lancaster University.
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Abstract
E-commerce has witnessed massive growth every year, since it has become the backbone of many economic and financial transactions and the preferred choice for most consumers and merchants alike and to offer access not only to national electronic stores but also cross-border markets. This thesis is intended to explore the concept of e-commerce contracts by analysing the extent of consistency and harmonisation between the e-commerce rules by comparing some of the international best practices (namely the UN, EU and UK) and between the Gulf States. In addition, this research aimed to cover the three dimensions of e-commerce in a legal context as follows: First and foremost, it examined contractual issues, in order to discover to what extent the legislation could boost certainty and enhance confidence in concluding contracts electronically. The second issue it considered was online security and identity issues, by focusing on the nature and function of the electronic signature, which serves as the main proof of identity in the virtual environment. Thirdly, it explored the concept of online dispute resolution (ODR) and recent EU initiatives which provide best practice in the area of ODR regulation. It also analysed the regulatory context of alternative dispute resolution in the UK and reviewed some successful examples of online arbitration services. The object of all these point of study is to analyse these various legislations in order to highlight its strengths and weaknesses, and to draw comparative lessons from international best practice that might help to be adopted in Gulf States.