Electronic commerce regulations in the Sultanate of Oman : a critical examination relating to the e-contract and e-signature

Abstract

This study is entitled “Electronic Commerce Regulations in the Sultanate of Oman: Critical Examination on Issues Relating to E-Contract & E-Signature”. It is a legal study which attempts to explore one of the major legal areas of electronic commerce, i.e. electronic contract and electronic signature. This study is a first attempt in the Sultanate of Oman to highlight the primary issues in the above areas. The study has been conducted in the light of the international regulative experience on e-commerce, particularly the legislation, research and legal projects. It also examines the current Omani regulations to evaluate their applicability and suitability in regulating some highlighted issues. This includes resolving some conflicts between the current laws and practice in Omani legal system and the proposed law on e-commerce which is basically adopted from international sources. Since the title of the study involves electronic commerce regulations in commercial contract and its validation by electronic signature, the researcher, therefore, aims to draw attention to most important issues of the above mentioned subjects so that the study would be the first legal guide on electronic commerce in the country on issues pertaining to formation of contracts by ICT means. The method applied in the study is analytical, which includes comparative examination of various literatures from relevant sources. The study, finally, comes out with many important legal observations and recommendations, which includes observations on how to resolve certain conflict of laws, which are certainly valuable for e-commerce, the legal infrastructure, and its implementation in the Sultanate of Oman.