Introduction -- Jurisdiction in electronic contracting -- EU rules applied in cyber jurisdiction -- US jurisdiction tests employed in e-contracting disputes -- Chinese legislation on jurisdiction -- Choice of law in electronic contracting -- EU internet choice of law regime -- US internet choice of law rules -- Chinese internet choice of law approaches -- Alternative dispute resolution and the internet -- The legal obstacles and solutions to online arbitration and online mediation -- Conclusion and recommendation.
Summary:
"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"-- Provided by publisher. "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 of the modernisation and harmonisation of private international law, compares current legislative frameworks in the EU, US, China, and suggests a series of ways to remove the obstacles of the determination of Internet jurisdiction and choice of law for cross-border electronic B2B and B2C contracts"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.