Service Provider Market Activities Constituting Jurisdiction for International Service Contracts - A Structuring Approach and Techno-legal Implications

Abstract

Questions of Internet jurisdiction have attracted research ever since the Internet has become popular. Despite a long track of existing work in the area, a number of key issues remains unanswered to date. In particular, the subject matter of Internet jurisdiction has to be presented from an integrated international viewpoint. A structured,embracing, and consistent approach in assessing the subject matter needs to be determined. And a focus specific to characteristics of the Internet and electronic business in the Internet as of today needs to be adopted. Consequently, this paper conducts a comparative Private International Law study considering connecting factors and service provider market activities constituting jurisdiction in major Internet markets (European Union, United States of America, China). Identified connecting factors are related to market activities and assessed by means of a common structuring scheme developed. This is followed by the set of market activities-driven challenges determined. These challenges are identified based on a scenario reflecting a service provider with connection to several markets. An in-depth discussion reveals by which connecting factors — and the respectively reflected market activities — a service provider might avail itself to urisdiction in a market. This is complemented by the respective recommendations developed on how to address techno-legal implications with respect to Internet jurisdiction.