Legal Validity of the Forum Selection Clause Electronic Contracts (in Persian)

Ebrahim Noshadi () and Alireza Hojatzadeh
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Ebrahim Noshadi: Iran
Alireza Hojatzadeh: Iran

The Journal of Planning and Budgeting (٠صلنامه برنامه ریزی و بودجه), 2011, vol. 16, issue 3, 69-84

Abstract: The lack of a unified jurisdictional rule in civil and commercial issues at international level and global nature of cyberspace caused that effect of a legal acts exceeds the bounds of a country and several courts exercise their jurisdiction to one legal relation by resorting to various factors. To avoid this unwanted jurisdiction, parties of international contract attempted to determine the competent court in the electronic contracts, does this act has legal validity? Can the entities electronically express their will regarding the determination of a competent court? The legislative and judicial approaches indicate that this act has formal legal validity, like written according to principles of functional equality and freedom of form and technical neutrality. But in merits, its validity should be analyzed in the light of principles of forum non convenience, judicial equity and supportive jurisdiction.

Keywords: Forum Selection Clause; Electronic Contract; Competent Court; Cyberspace; Law Governor (search for similar items in EconPapers)
Date: 2011
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