Assessing Jurisdiction in Electronic-Commerce Disputes Resolution: A Review of the Legal Practice in the United State

Abstract

The worldwide and decentralized characteristics of the internet and the open manner at which it operates gives E-commerce a global element which brings about the all-important question of which court has the jurisdiction to resolve disputes in E-commerce transactions. The sharing of state’s jurisdiction with regard to international commercial contracts has been on the use of contact factors generally of a territorial nature. The exclusive nature of the internet as a modern phenomenon sometimes makes it difficult to apply these rules. This may make them not legally binding or lead to results that are not favorable or totally alien to the contracting parties and the subject matter of the cases. This study critically examines and review the current legal administrative approach of the United State with regard to assessing jurisdiction in E-commerce disputes resolution. It also analyzes the defects of the legal practice in the US and the postulation of new ideas in assessing and enforcing jurisdiction in E-commerce disputes resolution.

Keywords: Electronic Commerce, Assessing Jurisdiction, Disputes Resolution, the US.

DOI: 10.7176/JLPG/83-13

Publication date:March 31^st 2019