Regulating E-contracts in Kuwait under the E-Transactions Act No. 20/2014
Dr. Alyamamah Al Harbi
Assistant Professor of Civil Law – Kuwait International Law School
This paper examines the main provisions of Act No. 20/2014 that deals with contracts created or signed electronically. The preface provides a general background about this Act, and the following three sections focus on various aspects of this issue. The first section deals with the essence of e-contracts, highlights essential provisions and standards related to e-contracts, such as, expressing willingness and defining when and where the contract is created. The second section focuses on the authenticity of e-contracts, while the third examines the use of e-signature. Finally, the paper summaries the main findings and concludes by emphasizing that the Act is procedural in general and has no additional substantive provisions in comparison with general provisions of contract law. The Act equates between written and e-contracts and follows the UNCITRAL Model Law.
Keywords: e-documents, e-records, time stamp, e-signature, certification services provider.