Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China

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Cambridge University Press, Aug 12, 2010 - Law
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The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.
 

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an excellent book, very interesting and hot topic. Plus the situation of online defamation, this topic would be getting increasingly important.

Contents

1 Introduction
3
Part I I
15
2 Jurisdiction in electronic contracting
17
3 EU rules applied in cyber jurisdiction
35
4 US jurisdiction tests employed in econtracting disputes
65
5 Chinese legislation on jurisdiction
79
Part I I I
91
6 Choice of law in electronic contracting
93
Part IV
141
10 Alternative dispute resolution and the Internet
143
11 The legal obstacles and solutions to online arbitration and online mediation
156
Part V
177
12 Conclusion and recommendation
179
Appendix 1 Council Regulation EC No 442001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and ...
189
Appendix 2 Regulation EC No 5932008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligati...
218
Bibliography
241

7 EU Internet choice of law regime
100
8 US Internet choice of law rules
123
9 Chinese Internet choice of law approaches
133

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About the author (2010)

Dr Faye Fangfei Wang is a Lecturer in Law at Bournemouth University and convenor of the Cyberlaw Section at the Society of Legal Scholars. Her research interests lie in cyberlaw, international trade law, conflicts of law and online dispute resolution.

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