Abstract:
In commercial transactions, proof is deemed to be one of the most significant matters
which are often invoked by litigants before courts. However, electronic evidence has become,
at the present time, one of the most important pieces of evidence which are relied on by the
parties to disputes in order to substantiate their claims; therefore, it is now necessary to resort
to modern methods to prove cases and disputes arising between merchants.
This research aims to highlight the concept and types of electronic evidence, and the
conditions for the validity of electronic evidence, which is used as proof; together with the
restrictions associated with its authenticity with respect of proof before the commercial courts
in accordance with the Saudi Law of Commercial Courts, compared with the UAE Law of
Commercial Electronic Transactions.
The research concludes that electronic evidence can be relied on to prove commercial
transactions, whenever, the required conditions for the validity of such evidence are available;
whether this evidence is in the form of written letters, electronic documents, or electronic
records. The research also proposes that intensive teaching and training courses should be
offered to judges, especially the judges of the commercial courts; and such courses should
focus on electronic proof, and they should not only be limited to theoretical aspects, but
should also include practical aspects such as digital signature mechanism, and data encryption
mechanism, as well as other technical issues related to electronic proof, and how they can be
relied on, and the authenticity thereof in commercial disputes.