Jurisdiction in B2C E-Commerce Redress in the European Community

Ong Chin Eang
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Ong Chin Eang: Monash University, Malaysia

Journal of Electronic Commerce in Organizations (JECO), 2005, vol. 3, issue 4, 75-87

Abstract: E-commerce jurisdiction always has been an issue, because e-commerce exists in a borderless environment, and this e-environment diminishes the importance of physical location and locality. This imposes a great concern over which country’s jurisdiction to engage when disputes occur between business and consumer in the e-environment. This is crucial when the consumer is seeking redress, as there is always the question where a court action should be brought. The current jurisdictions by the European Commission (EC) within the European Union (EU), the E-Commerce Directive — Country of Origin and Rome II — are still in the drafting process. These legislations are not the total solution. This paper is a review of the issue of current jurisdiction, whether there is a need to call for a single jurisdiction, and what complications arise when seeking redress in this borderless e-environment. This paper also raises important issues that relate to the gaps and loopholes that exist in Country of Origin and Rome II.

Date: 2005
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Persistent link: https://EconPapers.repec.org/RePEc:igg:jeco00:v:3:y:2005:i:4:p:75-87

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