Book contents
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Table of Cases
- PART I Introduction
- PART II Jurisdiction
- PART III Choice of law
- 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
Preface
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
- 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
Information technology generates cross-border electronic commercial transactions as geographical distance no longer remains an obstacle in communications among businesses and individuals in different countries. As a consequence, the place of business could be located in cyberspace. The concept of “the place of business” in cyberspace challenges the traditional regime of private international law, as traditionally it relies on physical factors such as the location of offices and the place of delivery of goods in determining which court will hear the case and which law will govern the dispute.
Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China takes a “solutions to obstacles” approach, examines the existing jurisdiction and choice of law rules and proposes the interpretation of those rules to the digital age. It discusses the need for the modernisation and harmonisation of private international law, compares current legislative frameworks in the EU, US and China, and suggests a series of ways to remove the obstacles to the determination of Internet jurisdiction and choice of law for cross-border electronic B2B and B2C contracts. In addition, it encourages countries to sign and ratify the Hague Convention on Choice of Court Agreements and to modernise their laws for adaptation to the information society in line with the international standard. Finally, it also recommends that online dispute resolution (ODR) should be one of the most efficient methods to resolve certain Internet-related cases and that its legal certainty should be enhanced at the international level.
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- Internet Jurisdiction and Choice of LawLegal Practices in the EU, US and China, pp. ixPublisher: Cambridge University PressPrint publication year: 2010