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Jurisdiction in B2C E-Commerce Redress
Abstract
E-commerce jurisdiction has always 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 as to where a court action should be brought in? 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 discusses 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.
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