The Treatment of Electronic Contracts and Torts in Private International Law under European Community Legislation
This paper conducts a detailed examination of the current effects of European Community (EC) legislation on private international law in relation to contracts concluded or performed electronically and other electronic activities. It concludes that, as regards electronic consumer contracts, EC Regulation 44/2001 (on civil jurisdiction) and the Rome Convention 1980 (on choice of law) provide satisfactory rules. As regards business-to-business contracts requiring performance by electronic means, the paper criticises the increased uncertainty and confusion arising from the revised rule founding jurisdiction on the place of performance laid down by the Regulation. It hopes that any Community measure dealing with choice-of-law in tort will attend adequately to the electronic environment.