Wednesday, 6 April 2011

Jurisdiction Issue with regard to online business

Jurisdiction Issue with regard to online business
One of the complicated issues that distance agreements or contracts face is the lack of jurisdiction. Especially, regarding to the applicable law, dispute resolution or where the court hearing will be held? These are the most issues that concern any online user
 In fact, there is no specific answer to these questions that can give you the exact legal view in return. Whereas, there is no international regulation that bind the countries around the world to deal with this substantive obstacle, in an appropriate way that protect distance parties whilst contracting online. Due the fact that even in the US some states differ than others regarding the law, regulations, court systems and so
Therefore, you must consider this issue while contracting or dealing with an online business in a way that provides to you sufficient rules which correspond with your business or contract benefits and cover other lacks such as location, costs, travel...etc in respect of the jurisdiction
In doing so, you must know that most of web agreements (online contracts) nowadays contain within their terms and conditions a specific part that cover the jurisdiction; so you must identify that term and seek after your benefit by negotiating, in order to change or modify that term if it was inappropriate to you or to your business. However, as a consumer you are protected from any oppressive term (jurisdiction term) that the terms and conditions of a web agreement contain, by treating such agreement as an adhesion contract
I know you still saying, OK but what shall I do? Or what can I do? Well, you should know that you have a greatly protection as a consumer when you contracting online (especially in the EU), but you must at least know what kind of contract or agreement you are intending to enter and how can you negotiate in respect of such issue in addition to other issues; although, you must record all your communications (for example e-mails) in order to use them, in future, in case of any dispute
But is that enough? Well the answer is no. The more you know about your rights the more you feel and treat in protective ways. Therefore, even if you are not a law student or lawyer you should know the basics of contracting, especially if you are intending to set an online business or using the internet to sell or buy
This post is just the beginning to other posts that will explain the related topics to online business and e-commerce. So if you have any question or comments please feel free to share your knowledge or place your question and I’ll do my best to answer it as soon as possible
Mohammad Al-Thunibat

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