This program addresses, from a comparative perspective (EU/US), two legal issues arising in connection with e-commerce transactions: (1) the application of consumer protection rules and (2) international jurisdiction over disputes arising from such transactions.
E-commerce transactions give rise to a number of specific, sometimes novel, legal issues. This program provides participants with an overview of two of these issues, namely consumer protection and international jurisdiction, comparing the relevant legal frameworks of the EU and the United States. As far as consumer protection is concerned, this program examines the main legal instruments and concepts of EU and US law (various EU directives, the doctrine of unconscionability of the Uniform Commercial Code and related case law), focusing on information duties, withdrawal rights, and the prohibition of unfair contract terms. With regard to international jurisdiction, this program compares the provisions of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters with the relevant US civil procedure statutes and case law (including the seminal US Supreme Court decision in International Shoe)