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Subject: RE: TPA reference element?



I suggest the following non-normative statement:

   An installation tool should sound an alarm if isLegallyBinding="yes" in
   the BPSS instance document but there is no contract indicated in the CPA
   or if the CPA indicates a contract but isLegallyBinding="no" in the BPSS
   instance document.

The human being at the installation tool may choose to ignore or act on the
alarm.  If there is an actual contract, in a dispute, it will take
precedence over what is in the BPSS instance document and CPA whether or
not they are consistent.  If there is no actual contract, the human being
may decide that none is needed and ignore the alarm.

One might also suggest that the CPA composition tool check the consistency
between the BPSS instance doc and the CPA-under-construction and sound an
alarm.

The  intersting question is what if isLegallyBinding="yes" but there is no
paper contract and a dispute arises?  That's one for the lawyers to answer.

Regards,
Marty

Regards,
Marty



*************************************************************************************

Martin W. Sachs
IBM T. J. Watson Research Center
P. O. B. 704
Yorktown Hts, NY 10598
914-784-7287;  IBM tie line 863-7287
Notes address:  Martin W Sachs/Watson/IBM
Internet address:  mwsachs @ us.ibm.com
*************************************************************************************



"Welsh, David" <David.Welsh@nordstrom.com> on 06/26/2001 03:01:43 PM

To:   Martin W Sachs/Watson/IBM@IBMUS, Dale Moberg
      <dmoberg@cyclonecommerce.com>
cc:   ebxml-cppa@lists.oasis-open.org
Subject:  RE: TPA reference element?



What might happen in a real business scenario if BPSS has IsLegallyBinding
turned ON, CPA explicitly says there's no legal contract to be used, and
something major goes wrong where as a result one of the 2 parties wants to
take legal recourse. BPSS over-rides CPA ?
-Dave


> -----Original Message-----
> From: Martin W Sachs [mailto:mwsachs@us.ibm.com]
> Sent: Tuesday, June 26, 2001 11:43 AM
> To: Dale Moberg
> Cc: ebxml-cppa@lists.oasis-open.org
> Subject: Re: TPA reference element?
>
>
>
> We already have such an element although it is "hidden" :-)
> In the early
> versions of what became tpaML, we (IBM Res.) had a LegalText
> element.  The
> spec stated that this could be used to record the ID of an
> accompanying
> paper contract.  When people inside IBM started advising us
> not to tangle
> with the legal profession, we changed the element name to
> Comment and that
> has persisted into CPP-CPA V 1.0.
>
> Since we have more recently seen that the legal community is in fact
> interested and friendly to us, I agree that we could add an element
> specifically for identifying an accompanying contract.
> Presumably, this
> element would be CPA-only. Since it would be directly under the root
> element, we can enforce the restriction to CPA only in the
> DTD and Schema.
> We probably should use the term "TPA" only as an example of such a
> contract.
>
> Regards,
> Marty
>
> **************************************************************
> ***********************
>
> Martin W. Sachs
> IBM T. J. Watson Research Center
> P. O. B. 704
> Yorktown Hts, NY 10598
> 914-784-7287;  IBM tie line 863-7287
> Notes address:  Martin W Sachs/Watson/IBM
> Internet address:  mwsachs @ us.ibm.com
> **************************************************************
> ***********************
>
>
>
> Dale Moberg <dmoberg@cyclonecommerce.com> on 06/26/2001 02:18:36 PM
>
> To:   ebxml-cppa@lists.oasis-open.org
> cc:
> Subject:  TPA reference element?
>
>
>
> Another issue for next month's kickoff--
> probably under the small additions category--
> is to add an optional element that can reference a TPA
> that is to be associated with a CPA.
>
> Just as we now have pointers off to trading
> partner information, and business process specifications,
> a pointer to a TPA might also be useful.
> Some industry groups, RosettaNet for example,
> are exploring specifying TPAs
> for their communities in the near future.
>
>
>
>
>
>





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