The Role of English Public Policy in Promoting the Circulation of Electronic Trade Documents

Citation

Okoli P & Emeasoba G (2026) The Role of English Public Policy in Promoting the Circulation of Electronic Trade Documents. Uniform Law Review.

Abstract
This article makes the case that there is need to examine (1) the role which English public policy can play in relation to the circulation of ETDs, and (2) the policy which should influence the reasoning of the UK courts when public policy is raised as a defence to the enforcement of foreign obligations involving ETDs. The article contributes to the existing literature by querying the clarity and certainty of the reliability provisions of the MLETR and MLETR-inspired laws, like the ETDA. It contends that, although the ETDA’s permissiveness could be exploited by UK commercial litigants to defeat the recognition of ETDs issued abroad on the ground of public policy, the policy behind ETD laws should influence the reasoning of the UK courts when public policy is raised as a defence to the enforcement of foreign obligations involving ETDs. The article articulates a clear basis that will enable the courts to mitigate the legal uncertainty surrounding relevant ETDA provisions considering public policy. A major argument is that there is ample scope to apply English public policy in a way that promotes the circulation of ETDs. This argument is then complemented by an examination of how mandatory rules could serve as a basis to further determine what could be saved from the foreign law considering the vague criteria in section 2(5) of the ETDA.