Determining The Law Applicable To The Dispute Resolution Of The International E-Commerce

Taufiqurrahman, Taufiqurrahman (2014) Determining The Law Applicable To The Dispute Resolution Of The International E-Commerce. In: International Conference on Electronic-Commerce Law “E-Commerce Law in Asia: Opportunities and Challenges”, 18-19 November 2014, Universitas Brawijaya.

[img]
Preview
Text (Determining The Law Applicable To The Dispute Resolution Of The International E-Commerce)
DETERMINING THE LAW APPLICABLE TO THE DISPUTE RESOLUTION OF THE.pdf

Download (494kB) | Preview
[img]
Preview
Text (Hasil Plagiarisme)
DETERMINING THE LAW APPLICABLE TO THE DISPUTE RESOLUTION OF THE INTERNATIONAL E-COMMERCE.pdf

Download (1MB) | Preview

Abstract

Characteristics of the internet which is cheaper, faster and efficient, in fact, can
motivate the business actors to do a transaction of the international sale of goods electronically
(e-commerce). In line with establishing the ASEAN Economy Community 2015, creating the
disputes among domestic business actors with foreign business actors from ASEAN countries
can not be avoided. In the context of dispute resolution , the main problem faced by a court to
be solved – if the parties do not specify a choice of law clause in their contract - is the
determination of the laws of any country relevant to apply.
This study aimed to know the method that will be used by the judge or arbitrator to
determine the law applicable to the dispute resolution of the international e-commerce.
Theory used to analyze is the choice of law theories in International Private Law. While
research methods used is a normative juridical research, namely through the library research
to review the rules of positive law and legal principles. The approaches used are a statute
approach and a conceptual approach.
The results showed that law applicable clause as stipulated in Article 1 of the United
Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) relevant to
be applied to the dispute resolution of the international e-commerce. It is suggested that the
substance of the Article can be used as a reference in a harmonization of International
Commercial Law in ASEAN.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Determining, Law Applicable, Dispute Resolution, E-Commerce
Subjects: K Law > K Law (General)
Divisions: Prosiding
Depositing User: Mochamad Danny Rochman, A. Md
Date Deposited: 02 Mar 2021 04:22
Last Modified: 02 Mar 2021 04:22
URI: http://eprints.uwp.ac.id/id/eprint/1788

Actions (login required)

View Item View Item