Adapting international private law rules for electronic consumer contracts

Abstract

The role of international private law is often regarded as being ‘derived from a desire to do justice’ for parties involved in cross-border disputes. The onset of electronic commerce and the increasing prevalence of electronic contracts pose new challenges for international private law. Entering into a contract by electronic means enables parties who are domiciled (or have a place of business) in different jurisdictions to use the Internet or e-mail for the purchase and sale of goods and services or a combination of both. Whilst issues of privacy and security are undoubtedly of extreme importance to consumers when conducting their transactions online, other aspects of the electronic consumer contract are just as important. From an international private law perspective, rules of jurisdiction and the law to be applied to online consumer contracts have been the subject of considerable debate.