Internet jurisdiction and choice of law legal practices in the EU, US and China
By: Wang, Faye Fangfei.Material type: BookPublisher: New York Cambridge University Press 2010Description: xiv,261p.ISBN: 9780521199339 .Subject(s): Conflict of laws -- Electronic commerce -- China | Conflict of laws -- Electronic commerce -- European Union countries | Conflict of laws -- Electronic commerce -- United States | Online dispute resolution -- China | Online dispute resolution -- United States | Online dispute resolution -- European Union countriesDDC classification: 343.8
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Includes bibliographical references (p. 241-250) and index.
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.
"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"--
"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"--