Electronic Consumer Contracts in the Conflict of Laws (Studies in Private International Law)

The second edition of this highly recommended work addresses the interaction between conflict of laws, electronic commerce, and consumer contracts. In addition, the book identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce, and it proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. The book pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods - including a comparative study of the EU/US approach, an historical analysis of protective conflict of laws, a doctrinal analysis of legal provisions, and an economic analysis of law to provide - it provides the most comprehensive examination of frameworks in cross-border consumer contracts. (Series: Studies in Private International Law) [Subject: Private International Law, Consumer Law, Information Technology Law, Comparative Law] The Second Edition Of This Highly Recommended Work Addresses The Interaction Between Conflict Of Laws, Electronic Commerce And Consumer Contracts. In Addition It Identifies Specific Difficulties That Conflicts Lawyers And Consumer Lawyers Encounter In Electronic Commerce And Proposes Original Approaches To Balance The Conflict Of Interest Between Consumers' Access To Justice And Business Efficiency. The European Union Has Played A Leading Role In This Area Of Law And Its Initiatives Are Fully Explored. It Pays Particular Attention To The Most Recent Development In Collective Redress And Alternative/online Dispute Resolution. By Adopting Multiple Research Methods, Including A Comparative Study Of The Eu/us Approach; Historical Analysis Of Protective Conflict Of Laws; Doctrinal Analysis Of Legal Provisions And Economic Analysis Of Law To Provide, It Provides The Most Comprehensive Examination Of Frameworks In Cross-border Consumer Contracts.-- Electronic Consumer Contracts In Private International Law -- Protective Jurisdiction In The Brussels I Recast -- Discretion-based Jurisdiction In E-consumer Contracts -- Choice Of Court Agreements In E-consumer Contracts -- Protective Choice Of Law In The European Union -- Other Choice Of Law Approaches In E-consumer Contracts : A Comparative Study -- Consumers In Special Contracts -- Recognition And Enforcement Of Judgments -- Class Actions In Cross-border Consumer Contracts -- Alternative Dispute Resolution In Cross-border Consumer Contracts -- Online Dispute Resolution In E-consumer Contracts -- Effective And Efficient Dispute Resolution For E-consumer Contracts And Conflict Of Laws. Zheng Sophia Tang. Includes Bibliographical References And Index. SERIES EDITORS ’ PREFACE 6 PREFACE TO THE SECOND EDITION 8 CONTENTS 10 TABLE OF CASES 19 TABLE OF LEGISLATION 35 Part I Introduction 49 1 Electronic Consumer Contracts in Private International Law 51 Part II Private International Law in Individual Litigation 73 2 Protective Jurisdiction in the Brussels I Recast 75 3. Discretion-Based Jurisdiction in E-Consumer Contracts 128 4. Choice of Court Agreements in E-Consumer Contracts 169 5. Protective Choice of Law in the European Union 201 6. Other Choice of Law Approaches in E-Consumer Contracts:A Comparative Study 226 7 Consumers in Special Contracts 265 8 Recognition and Enforcement of Judgments 290 Part III Effective Dispute Resolution in Consumer Contracts 311 9 Class Action in Cross-Border Consumer Contracts 313 10 Alternative Dispute Resolution in Cross-Border Consumer Contracts 347 11 Online Dispute Resolution in E-Consumer Contracts 378 Part IV Conclusion 403 12 Effective and Efficient DisputResolution for E-Consumer Contractand Conflict of Laws 405 INDEX 421 "The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts."--Bloomsbury Publishing. The second edition of this highly recommended work addresses the interaction between conflict of laws, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU/US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law to provide, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.-- Provided by publisher