[Ecommerce] Hague Convention on Jurisdiction and Foreign Judgments

[James Love]

"Torres, Frank" wrote:
> 
> Some of the FTC staff would like to meet with consumer groups about the
> Hague Convention.  If anyone is interested, please let me know.   It is my
> understanding that there is an effort to remove some language on
> jurisdiction that I understand is favorable to consumers.  They are
> suggesting that negotiations be delayed until everyone has a chance to fully
> contemplate what any changes will do.  I understand that there is a meeting
> scheduled for later this month in Ottawa.
> 
> Please let me know if you are interested in meeting with the FTC on this
> issue, or if you have any thoughts on whether delaying negotiations is in
> our interests or not.
> 
> Thanks.  Frank.

   Vergil and I will attend the FTC meeting.  

I found the text below in the press release, it seems pretty important. 
I would be pleased if anyone has further details of this proposal:

   5.  For business-to-consumer transactions, further assessment is
required in the light of all the interests involved. Particularly,
during the second plenary, Professor Catherine Kessedjian proposed to
avoid the traditional dichotomy between the "country of origin" (i.e.
that of the seller or provider) and the "country of reception" (i.e.
that of the consumer). She proposed to start with a process of
site-certification along the lines of the work done within the icc and
other private organisations. This certification process should include
minimum substantive rules of protection for the consumer including
warranties, and a fair and easy dispute resolution mechanism which could
possibly be free of charge to the consumer. When a site has obtained the
certification label, it could provide for the application of the law of
the country of origin and for the courts of that country for the
residual cases which could not be solved by the dispute resolution
mechanism part of the certification. If a site has not been certified,
then the law and the courts of the consumer's location would be
competent.



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James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
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