About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 New Eng. J. Int'l & Comp. L. 431 (2003)
Globalized Automatic Choice of Forum: Where Do Internet Consumers Sue - Proposed Article 7 of the Hague Convention on International Jurisdiction and foreign Judgements in Civil and Commercial Matters and its Possible Effects on e-Commerce

handle is hein.journals/newenjic9 and id is 434 raw text is: Globalized Automatic Choice of Forum: Where Do Internet Consumers Sue? Proposed Article 7 of the Hague Convention on International Jurisdiction and Foreign Judgments in Civil and Commercial Matters and its Possible Effects on e-Commerce Timothy P. Lester* I. INTRODUCTION What does one do when a normal business transaction goes wrong? Furthermore, what if one party to the transaction is outside the jurisdiction where the injured party wants to sue? The injured party generally must go to a forum that has jurisdiction over the other party and sue in that court.' But even if a court determines that it does have jurisdiction over the matter, collecting on a judgment may be impossible-even if the losing party has seizable assets in that forum.2 In addition, courts must deal with an entirely different problem for international transactions: deciding * J.D. May 2003 University of Houston Law Center. Special thanks to Dr. Misty Mitchell-Lester, David Polyansky, and Gretchen Agena for their invaluable help and support. ' Roger J. Johns, Jr. & Anne Keaty, Caught in the Web: Websites and Classic Principles ofLong Arm Jurisdiction in Trademark Infringement Cases, 10 ALB. L.J. Sa. & TECH. 65, 121 (1999). 2 See John Goldring, Consumer Protection, the Nation-State, Law, Globalization, and Democracy, 2 J. COMP. MED. COMM. 2 (1996), available at http://www.ascusc.org/jcmc/vol2/issue2/goldring.html (last visited Sept. 25, 2001) (citing RESTATEMENT (SECOND) OF CONFLICT OF LAWS § 98 (1971)). See also RESTATEMENT (THIRD) OF FOREIGN RELATIONS § 482(2)(d) (1986). 431

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most