Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China
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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Part I I
2 Jurisdiction in electronic contracting
3 EU rules applied in cyber jurisdiction
4 US jurisdiction tests employed in econtracting disputes
5 Chinese legislation on jurisdiction
Part I I I
6 Choice of law in electronic contracting
10 Alternative dispute resolution and the Internet
11 The legal obstacles and solutions to online arbitration and online mediation
12 Conclusion and recommendation
Appendix 1 Council Regulation EC No 442001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and ...
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...
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absence of choice applicable law arbitral awards arbitration agreement Article author’s view B2B contracts Brussels I Regulation Choice of Court choice of law CIDIP CIETAC civil and commercial closely connected commercial matters conﬂict consumer contracts contract concluded contractual obligations Convention on Choice Convention on Electronic court agreement Court Convention defendant determine digitised domain name Domain Name Dispute e-commerce EC Directive Electronic Commerce electronic contracts enforcement of judgments European Parliament exclusive choice ﬁrst governed habitual residence Hague Convention harmonisation Hong Kong Ibid ICANN Internet jurisdiction judgments in civil last visited law applicable legal certainty Member ODR services online arbitration online dispute resolution party autonomy People’s Court People’s Republic place of business place of delivery place of performance private international law proceedings recognition and enforcement Rome Convention Rome I Regulation seller September 2009 speciﬁc SquareTrade Suzhou tion trade UDRP UNCITRAL validity visited on 16 WIPO Zippo