Author(s): Ziad Kh. Al Enizi, Suhaib Walid Sharaiyra
Online sales contracts are concluded between parties who are not necessarily present in the same location, and who are usually located in different countries having different legal jurisdictions. This fact gives rise to several issues including the determination of the applicable law to online sales. Thus, this analytical study endeavors to examine the adequacy of UAE legal rules in determining the applicable law to online sales contracts, and analyze the solutions presented by the UAE legislator, if any, for determining the same. The study concludes that the main issue in determining the applicable law to online sales contracts lies in determining the place of conclusion of the contract. The study further concludes that the UAE legislator solved this issue by presuming a certain place as the place of conclusion of the contract regardless of the actual location of its conclusion. The study suggests the insertion in the UAE law of a provision that takes into consideration the actual place of conclusion of the contract where such place is capable of being determined.