Determining the jurisdiction in cross-border e-commerce related disputes: experiences from the United States, the EU and lessons for Vietnam

Abstract

The issue of determining jurisdiction has always been a concern for states. For centuries, the traditional concept of jurisdiction has always been associated with the territorial element. However, as e-commerce develops, determining the jurisdiction of a court is no longer be simple as there is no concept of territory in cyberspace. Therefore, it is necessary to reconsider the territorial element to determine the jurisdiction of a country in cyberspace in general and in the settlement of cross-border e-commerce disputes in particular. Furthermore, finding other connecting factors has become an important issue for every country. The article studies adjudicative jurisdiction of cases arising from or related to consumer transactions in the field of cross-border e-commerce. Using the comparative jurisprudence method, the article analyses the experiences of the United States and the European Union to give some suggestions for reference for Vietnam.