Day

April 12, 2003

12 April 2003

Regulation of Jurisdiction and Cross-Border Liability in the EU

The global nature of the Internet means that any business trading online is opening itself up to the possibility of trading with other businesses or customers based abroad. This is one of the enormous attractions of the Internet. However, the introduction of a foreign element to a business’s activities exposes it to issues of conflict of laws. Regardless of the business’s choice of law governing its activities and choice of court for handling any disputes, it may find that the laws of other countries apply or that the courts of other countries claim jurisdiction. So, it is important that any business engaged in e-commerce considers the implications of a global marketplace on its activities. This briefing note examines which courts have jurisdiction over a contract resulting from e-commerce and which law will be applied.

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