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Tort and Contract Jurisdiction via the Internet: The ‘Minimum Contacts’ Test and the Brussels Regulation Compared.

Published online by Cambridge University Press:  02 April 2004

Patrick J. Borchers
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Extract

One of the most difficult topics in both American and European procedural law is the jurisdictional reach of courts over defendants in tort and contract actions. This has become particularly evident with the exponential increase in the use of the Internet as a communication and marketing device. Questions regarding the proper forum in, for example, defamation actions or consumer disputes present difficult questions for both American and European courts. The European Union's adoption of a new Regulation for cases filed on or after 1 March 2002 (the ‘Brussels Regulation’) presents an opportunity for fresh examination of this important topic.

Keywords

international lawtortinternetprocedural lawjurisdictionCouncil Regulation No. 44/2001
Type
Articles
Information
Netherlands International Law Review , Volume 50 , Issue 3 , December 2003 , pp. 401 - 418
Copyright
© T.M.C. Asser Press 2003

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