Electronic Contract: Jurisdictional Issues And Challenges
- IJLLR Journal
- Jun 7
- 1 min read
Prashottam Lal, Research Scholar, Department of Laws, Guru Nanak Dev University, Amritsar, Punjab.
Ajay Kumar Jaswal, Assistant Professor, Department of Laws, Awasthi Group of Institutes, Solan, Himachal Pradesh.
ABSTRACT
The present article discusses the various issues and challenges of jurisdiction in e-contract dispute. One of the primary issues before a court is weather the court has jurisdiction or not. Jurisdiction determines the applicability of the legislation of a particular place. In case of e-contract, the contracting parties are far away from each other and hence contracts are formed in a virtual space. Contrary to the generally accepted understanding of jurisdiction, e- contract creates complex situations for determining jurisdiction. It might happen that there might be multiple jurisdictions pertaining to the same suit. Enforcement and implementation of foreign decrees also hold a great challenge. In order to implement the foreign decree, it should be final with respect to the subjects. Cyber space is a world with limitless boundary it becomes difficult to determine the power of court to adjudicate upon the matter hence the need of the hour is to develop a unique law which can be applied to deal with the disputes of e-contract without any difficulty or confusion. Thus, the study also reflects the urgent need of a specific legislation to settle the confusions regarding e-contract jurisdiction.
