The jurisdictional implications of electronic commerce transactions

Abstract

This thesis shall focus on developments in electronic commerce transactions and the jurisdictional implications that arise from on-line disputes. In the introductory chapter it gives a brief overview of the focal points of the discussion addressed thereafter. In Chapter 1 the jurisdictional debate in cyberspace is analysed from the point of view of two diverging schools of thought; the first canvassing for a 'lex internet', whilst the second states that existing laws should be amended and expanded upon in order to deal with this sphere of activity. The principle of jurisdiction is then focused upon from the public and private international law perspectives. A distinction of the complexities resulting in business-to-business (B2B) and business-to-consumer (B2C) transactions is dealt with at this stage. The second and third chapters shall deal with jurisdiction in the sphere of e commerce through an analysis of the European Commission Regulation (EC 44/2001) of the European Union and the draft Convention of the Hague Conference on Private International Law. Chapter 4 shall focus upon the concepts of alternative dispute resolution (ADR) and its successor, on-line dispute resolution (ODR) as potential substitutes to formal resolutive measures through the courts. The second part of this chapter will then focus on recognition and enforcement of judgements given by the courts as well as through ADR and ODR mechanisms. The contribution to the electronic commerce debate by the World Trade Organisation (WTO), the Organisation for Economic Co-operation and Development (OECD) and the United Nations Commission on International Trade Law (UNCITRAL) shall be dealt with in Chapter 5. The landmark cases in the US having an element of electronic commerce shall also be dealt with here, due to the fact that the US is construed as the pioneer in electronic commerce. The conclusion will then highlight the more important implications that emerge through the discussion in the thesis.