On 06/11/2018 20:33, Dirk Gottschalk wrote:
In the EU the use of "qualified" signature is mandatory if it comes to
legal issues. Between private companies it is okay to just use OpenPGP,
but, if it comes to legal issues, one party could deny the validity of
the signature because it is not accepted as a legal signature format,
at least in Germany.
According to EU regulation (https://en.wikipedia.org/wiki/EIDAS)
signatures made by keys verified on Cryptonomica can be considered as
'advanced electronic signature (AdES)'
(https://en.wikipedia.org/wiki/Advanced_electronic_signature), but not
as 'qualified electronic signature'
(https://en.wikipedia.org/wiki/Qualified_electronic_signature)
AdES is still legal way to sing documents and contracts. Following
Article 25 of the eIDAS regulation an advanced electronic signature
shall "not be denied legal effect and admissibility as evidence in legal
proceedings solely on the grounds that it is in an electronic form or
that it does not meet the requirements for qualified electronic signatures".
But we have an ultimate solution, that can be used regardless of local
laws. You can put in contract an arbitration clause, like this:
"Any dispute, controversy or claim arising out of or relating to this
agreement, or the breach, termination or invalidity thereof, shall be
settled by arbitration in accordance with the Cryptonomica Arbitration
Rules (
https://github.com/Cryptonomica/arbitration-rules/blob/master/Arbitration_Rules/IACC/IACC-Arbitration-Rules.EN.signed.md
) in the version in effect at the time of the filing of the claim.
And unless the parties agree otherwise in writing:
The place of arbitration shall be: London, United Kingdom.
The language to be used in the arbitral proceedings shall be: English.
The number of arbitrators shall be: one.
The arbitral tribunal shall decide ex aequo et bono"
Where 'ex aequo et bono' means that arbitrators will dispense with
consideration of the law but consider solely what they consider to be
fair and equitable in the case at hand. And yes, arbitration award
('judgment') will be recognizable and enforceable in almost any country
according to Convention on the Recognition and Enforcement of Foreign
Arbitral Awards (
http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html
)
Best regards,
Viktor Ageyev
CEO/CTO, Cryptonomica.net
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