Book contents
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table of Cases
- PART I Introduction
- PART II Jurisdiction
- PART III Choice of law
- 6 Choice of law in electronic contracting
- 7 EU Internet choice of law regime
- 8 US Internet choice of law rules
- 9 Chinese Internet choice of law approaches
- PART IV Online dispute resolution
- PART V The future
- Appendix 1 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I)
- Appendix 2 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
- Bibliography
- Index
6 - Choice of law in electronic contracting
from PART III - Choice of law
Published online by Cambridge University Press: 03 May 2011
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table of Cases
- PART I Introduction
- PART II Jurisdiction
- PART III Choice of law
- 6 Choice of law in electronic contracting
- 7 EU Internet choice of law regime
- 8 US Internet choice of law rules
- 9 Chinese Internet choice of law approaches
- PART IV Online dispute resolution
- PART V The future
- Appendix 1 Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I)
- Appendix 2 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)
- Bibliography
- Index
Summary
Development of Internet choice of law
Once a court has competence to hear the case, in the absence of a choice of law by the parties, the next step is for the court to determine which law will govern the dispute. When a contract has a foreign factor, the laws of several different countries may all be related to the contract or dispute. However, the determination of the appropriate applicable law becomes complicated. With the ever increasing number of cross-border electronic commercial transactions, courts may have even more difficulties in devising suitable substantive law rules that respond to the global nature of the e-commerce market. The problem with choice of law in electronic commerce cases is that parties from different states often have competing interests in desiring the application of their own substantive law. The tendency of delocalising transactions over the internet will pose questions at the choice of law level. To avoid problems with regard to the applicable law, it is suggested that parties should include a choice of law clause in the contract. However, some electronic contracts do not have any choice of law provisions, thus creating uncertainty about which country's law applies to disputes. A greater clarity about the choice of law would certainly contribute to an increased trust in the use of international e-commerce.
Confronting the unpredictability of the application of relevant laws, scholars and legislators are searching for uniform rules for the use of electronic communications in international contracts.
- Type
- Chapter
- Information
- Internet Jurisdiction and Choice of LawLegal Practices in the EU, US and China, pp. 93 - 99Publisher: Cambridge University PressPrint publication year: 2010