Legal analysis

Generally speaking, black pen or carbon ink pen is used to sign important documents. The reason should be that black ink can be kept for a long time. In case of accidents (for example, the black handwriting is still clear when the document is wet by water, and nothing else works), all documents should be signed with a black stylus. Black ink pens or signature pens mainly contain carbon. Anyone who has studied chemistry knows that carbon is stable and not easy to be oxidized, so handwriting is preserved for a long time. It is worth noting that when determining the written nature of the online arbitration agreement reached by means of communication, this written form does not need to be conditional on the signatures of both parties. The letter contains the autograph of the relevant parties, but in electronic communication methods such as telegram, telex, fax or e-mail, it is unrealistic for the parties to sign by themselves, and they can only be confirmed by other means. In a commercial arbitration agreement reached by exchanging letters or telegrams, the parties usually inform each other of their specific arbitration opinions. If both parties agree, the exchange of letters and telegrams itself constitutes their agreement to arbitration, which proves that both parties agree or one party accepts the other's opinions. Some scholars believe that no matter what technical means are used for electronic signature, as long as the generation and transmission of data messages can reach an appropriate and reliable level under certain circumstances, the effectiveness of electronic signature should be recognized by law.

legal ground

People's Republic of China (PRC) Civil Code

Article 119 A legally established contract is legally binding on the parties.

Article 464 A contract is an agreement between civil subjects to establish, change or terminate a civil legal relationship. Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.

Article 465 A lawfully formed contract shall be protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.