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Jurisdiction in B2C E-Commerce Redress in the European Community

Jurisdiction in B2C E-Commerce Redress in the European Community

Ong Chin Eang
Copyright: © 2005 |Volume: 3 |Issue: 4 |Pages: 13
ISSN: 1539-2937|EISSN: 1539-2929|ISSN: 1539-2937|EISBN13: 9781615205318|EISSN: 1539-2929|DOI: 10.4018/jeco.2005100105
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MLA

Eang, Ong Chin. "Jurisdiction in B2C E-Commerce Redress in the European Community." JECO vol.3, no.4 2005: pp.75-87. http://doi.org/10.4018/jeco.2005100105

APA

Eang, O. C. (2005). Jurisdiction in B2C E-Commerce Redress in the European Community. Journal of Electronic Commerce in Organizations (JECO), 3(4), 75-87. http://doi.org/10.4018/jeco.2005100105

Chicago

Eang, Ong Chin. "Jurisdiction in B2C E-Commerce Redress in the European Community," Journal of Electronic Commerce in Organizations (JECO) 3, no.4: 75-87. http://doi.org/10.4018/jeco.2005100105

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Abstract

E-commerce jurisdiction always has 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 where a court action should be brought. 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 is a review of 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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