circumstances known to or contemplated by the parties at any time before or at the
conclusion of the contract.
3. If a natural person does not have a place of business, reference is to be made to the
person’s habitual residence.
4. A location is not a place of business merely because that is: (a) where equipment
and technology supporting an information system used by a party in connection with
the formation of a contract are located; or (b) where the information system may be
accessed by other parties.
5. The sole fact that a party makes use of a domain name or electronic mail address
connected to a specific country does not create a presumption that its place of
business is located in that country.
Article 7
Information requirements
Nothing in this Convention affects the application of any rule of law that may require
the parties to disclose their identities, places of business or other information, or
relieves a party from the legal consequences of making inaccurate, incomplete or false
statements in that regard.
Chapter III
Use of electronic communications in international contracts
Article 8
Legal recognition of electronic communications
1. A communication or a contract shall not be denied validity or enforceability on the
sole ground that it is in the form of an electronic communication.
2. Nothing in this Convention requires a party to use or accept electronic
communications, but a party’s agreement to do so may be inferred from the party’s
conduct.
Article 9
Form requirements
1. Nothing in this Convention requires a communication or a contract to be made or
evidenced in any particular form.
2. Where the law requires that a communication or a contract should be in writing, or
provides consequences for the absence of a writing, that requirement is met by an
electronic communication if the information contained therein is accessible so as to be
usable for subsequent reference.
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