期刊名称:Journal of International Commercial Law and Technology
印刷版ISSN:1901-8401
出版年度:2009
卷号:3
期号:4
页码:233-241
语种:English
出版社:International Association of IT Lawyers
摘要:In an era of information technology, businesses, through the use of the boundless Internet, can enter into international electronic contracts from anywhere in the world. The potential for cross-border disputes in electronic contracts is obviously much greater than in a paper-based environment, where a high degree of commercial contracts are domestic in nature. Can the traditional rules on jurisdiction, which are geographically orientated and generally rely on the place of performance, apply to the modern electronic contract disputes? This paper will analyse the EU and US approaches for determining jurisdiction in e-contracting cases and discuss the possibility of proposing specific jurisdiction rules for online contracts.
关键词:Internet jurisdiction, electronic contracts, general jurisdiction, special jurisdiction, specific jurisdiction, minimum contacts and targeting approach