Obstacles and Solutions to Internet Jurisdiction: A Comparative Analysis of the EU and US Laws

Abstract

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.