EXCLUSIVE CHOICE OF FORUM CLAUSES AND CONSUMER CONTRACTS IN E-COMMERCE

Author: TANG, ZHENG

Source: Journal of Private International Law, Volume 1, Number 2, October 2005 , pp. 237-268(32)

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Abstract:

Exclusive choice of forum clauses are widely applied in the international commercial transactions and recognized by the courts in different jurisdictions. The acceptance and recognition of choice of court agreements should be extended in E-commerce, for it can provide certainty and predictability and avoid the difficulties initiated by E-commerce to determine the territorial nexus required in the traditional jurisdiction rules. However, the application of jurisdiction clauses in consumer contracts are questionable, for the concern that one party might be abused due to the inequality of bargaining power therein. This article attempts to study the effect of exclusive jurisdiction clauses in electronic consumer contracts, and provides a proposal on the application of exclusive choice of forum clauses in electronic consumer contracts

Document Type: Research article

Publication date: 2005-10-01

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Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
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