Legal Aspects of an E-Commerce Transaction
International Conference in The Hague, 26 and 27 October 2004

Edited by Andrea Schulz

Aktuelle Beiträge zum Wirtschaftsrecht
February 2006
X, 361 pages

Published in co-operation with Bruylant (Belgium) and FEC (France)

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Legal Aspects of an E-Commerce Transaction
The contributions contained in these conference proceedings illustrate how the existing and future regulatory framework for online business transactions works in practice. Various national and international laws and treaties and European Community law, but also self-regulatory codes of conduct elaborated by business organisations, relating to advertising, spam, competition, and the use of intellectual property rights, to the conclusion of online contracts and their performance as well as to post-contractual issues, dispute resolution and taxation, are discussed, and their interaction is examined by experts from academia, governments, international organisations and the business world.

The studies focus on substantive private law and private international law, but rules on electronic payment, electronic invoicing and the taxation of electronic business transactions are equally addressed.

Part I - The Pre-Contractual Phase

Paul Torremans
The Legal Aspects of an E-Commerce Transaction: The Pre-Contractual Phase

Oliver Gray
Online Advertising Standards -
An Introduction to the Slides
Online Advertising Standards (PowerPoint Presentation)

Erich Wiegand
Self-Regulation in Market Research

Lucinda Jones
WIPO Update - Intellectual Property Issues in the Digital Agenda

Jane Ginsburg
Copyright, E-Commerce and Conflicting National Norms: Judicial and Legislative Competence

Yuko Nishitani
Copyright Infringement on the Internet and Service Provider's Liability: A Japanese Approach from a Comparative Perspective

Part II - The Contractual Phase

Stefan Leible
Negotiation and Conclusion of the Contract: Formal and Substantive Validity, Choice-of-Court and Choice-of-Law Clauses. An Introduction

Jose Angelo Estrella Faria
Electronic Contracting and International Legal Harmonisation: Time to go beyond Functional Equivalence?

Åke Nilson
Paction - the Model International Sale Contract. Creating International Sales Contracts Online

Michael Hellner
The E-Commerce Directive and Private International Law

Simone van der Hof
Party Autonomy and International Online Business-to-Business Contracts in Europe and the United States

John Rothchild
Two Facets of United States Law Applying to E-Commerce Transactions: Jurisdiction over Online Disputes, and the Uniform Computer Information Transactions Act

Part III - The Performance Phase

Mads Bryde Andersen
The Performance Phase

Michael Joachim Bonell
UNIDROIT Principles and E-Commerce

Jose Angelo Estrella Faria
Legal Certainty for Electronic Transactions: The Role of the UNCITRAL Model Law on Electronic Commerce (1996)

Jan Ramberg
Electronic Communication and Incoterms 2000
Annex: Electronic Communications under CISG - CISG Advisory Council, Opinion No 1, 15 August 2003

Marc Lacoursière
Legal Aspects of Electronic Payments

Anna Nordén
Electronic Invoicing in the Light of European Community Directive 2001/115/EC

William Craig
E-Commerce: Where to go with Taxation?
Outline: Tax, E-Commerce & Law

Part IV - The Post-Contractual Phase and Dispute Resolution

Michael Geist
E-Commerce: The Post-Contractual Phase

Sarah Andrews
Building Trust Online: Work at the OECD
Building User Trust Online (PowerPoint Presentation)

Rinaldo Sali
Online Dispute Resolution (ODR): Crossing Technology and Disputes. The RisolviOnline Project of the Chamber of Arbitration of Milan

Michael Geist
Untouchable? A Canadian Perspective on the Anti-Spam Battle

Alexander Matveev
Key Characteristics of Modern Russian Regulation in the field of Electronic Commerce

Andrea Schulz
The Hague Conference Project of a Global Convention on Jurisdiction, Recognition and Enforcement in Civil and Commercial Matters (the Hague Judgments Project), Electronic Commerce and Intellectual Property
Annex:
Draft on Exclusive Choice-of-Court Agreements

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