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Electronic Contract: Jurisdictional Issues And Challenges




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.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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