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Jurisdiction To Adjudicate Cross-Border Electronic Commerce Disputes

Posted on:2019-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:DAGADU PALMER PRINCEFull Text:PDF
GTID:2416330545497360Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the current world of information technology,individual and businesses,using the unbounded internet,contract can be entered into by individual at any place.Transacting commercial activities online,which as of not long ago was an intriguing subject for most legal specialists,is currently encountering a fulmination of attention.However,with the tremendous increase in E-commerce comes a corresponding increase in the legal problems associated with it such as determination of which court has jurisdiction to adjudicate cross-border E-commerce disputes in perspective of the fact that the parties to the E-contract might dwell in various jurisdiction with different legal frameworks.The aim of this thesis is to add-on to the little literature available in regard to the determination of jurisdiction in cross-border E-commerce disputes.The legal practices adopted by both the US and the EU in determining jurisdiction for the adjudication of E-commerce disputes are examined and their respective weakness outlined.Furthermore,this study highlights the attempts made by some international organizations and conventions such as The Hague draft convention in order to adopt a unified approach in the determination of jurisdiction in cross-border E-commerce disputes.In conclusion,after thoroughly analyzing the approaches and the attempts used by the US,the EU,and the international organizations,the paper concludes with recommendations such as adoption of the targeting approach at the international level,ratification and modernization of international conventions and national law respectively to suit international standard,choice of jurisdiction clause in an electronic form should be included in the E-commerce contract,adoption of online disputes resolution and implementation of international model convention on online disputes resolution to parties of E-contract,legal practitioners,countries and international organizations stance with regard to how jurisdiction is determined in cross-border E-commerce disputes adjudication.
Keywords/Search Tags:Electronic Commerce, Cross-border, Jurisdiction, Disputes, Adjudicate
PDF Full Text Request
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