Download Dispute Settlement - E-Commerce - Lecture Slides and more Slides Fundamentals of E-Commerce in PDF only on Docsity! Applicable law in e-commerce (1) UN Convention on the Sale of Goods (BGBl 96/1988): only applicable for goods International private law Austria: conflict of laws act (IPR-Gesetz) EU Rome Convention [Römer Übereinkommen über das auf vertragliche Schuldverhältnisse anzuwendende Recht (EVÜ)] Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), OJ L 177, 4.7.2008, p. 6 Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non- contractual obligations (Rome II), OJ L 199, 31.7.2007, p. 40 Parties are free to choose In absence: State to which the contract has the closest connection Presumption: State of the party performing the characteristic obligation Docsity.com Applicable law in e-commerce (2) Consumer contracts: law of the consumer must be applied if either: Conclusion of contract because of a specific invitation to the consumer or by advertising in the consumer„s member State Seller received the consumer„s order in the consumer„s member State WWW-indicators: domain name, language, content of website, activities of business so far, marketing Trend to harmonise Consumer Protection Law on European level Distance Selling Directive Consumer„s Interests Directive Directive on Distance Marketing of Consumer Financial Services E-commerce providers Subject to national law Docsity.com Extra-judiciary dispute settlement Online (Online Dispute Resolution – ODR) or offline Freedom of choice of means of dispute settlement in public international law Business Recognition of arbitration awards according to the New York Convention 1958 Hague Convention of 30 June 2005 on Choice of Court Agreements Encouragement of extra-judicial dispute settlement by Art. 17 E- Commerce-Directive New initiative by UNCITRAL for online dispute resolution Docsity.com WTO WTO (World Trade Organisation, Geneva) http://www.wto.int Effective protection of content Protection against prohibitive customs and taxes TRIPS: protects content of the internet Effective through WTO dispute settlement procedure (DSU) Declaration on Global Electronic Commerce, Ministerial Conference, 20.5.1998 Comprehensive working programme for global e-commerce Standstill: no new customs on e-transactions Customs (tariffs, free trade for small transactions) Taxes (non-discriminatory application of taxes on value-added and consumption) WTO Agreement on Basic Telecommunications Services, 15.2.1997 Docsity.com Other International Organisations OECD (Organisation for Economic Co-operation and Development) „Think tank“ of industrialised states Broad guidelines for e-commerce Global Information Infrastructure, data protection, encryption, consumer protection („charge backs“) UNCITRAL (United Nations Commission for International Trade Law) Lex mercatoria for internet trade 2005 - United Nations Convention on the Use of Electronic Communications in International Contracts 2001 - UNCITRAL Model Law on Electronic Signatures 1996 - UNCITRAL Model Law on Electronic Commerce 1985 - Recommendation on the Legal Value of Computer Records In negotiation: online dispute resolution EU: competence of internal market and telecommunications, action programmes (e.g. secure use of the internet), eEurope, ccTLD .eu Docsity.com
