[Hague-jur-commercial-law] Story and question
Manon Ress
manon.ress@cptech.org
Wed, 05 Jan 2005 16:03:39 -0500
Here's a story on the Convention diplomatic conference moved to June 2005.
Anyone knows if and when there'll be a EU hearing on the topic? I had
heard Jan 25 but cannot get any confirmation...
Manon
International Roundup: Wednesday, January 5, 2005
Expediting Global E-Commerce Talks
by William New
The decade-old negotiation of an international treaty on the
jurisdiction over and enforcement of cross-border contracts has received
expedited status in 2005, according to a new report of the body
negotiating the pact.
The talks are being conducted under the Hague Conference on
Private International Law in The Hague, Netherlands. Talks have been
conducted for years at a working-group level but now will move to a
full-fledged negotiation known as a "diplomatic conference." The
secretariat posted a report last month noting that the diplomatic
session initially scheduled for September has been moved up to June
14-30 in The Hague. The change was made at the request of the United
States, the report said, but it does not give a reason for the request.
The treaty would cover contract clauses specifying what country's
courts have jurisdiction in online commerce between businesses. Last
year, the treaty scope was narrowed significantly to trim more
intractable areas such as business-to-consumer transactions, all of
which could be revisited in the future.
The draft convention is just 14 pages but has generated hours of
debate and discussion in recent months. In December, the secretariat
issued a 60-page report -- with hundreds of footnotes -- revealing the
detailed legal give-and-take by national delegations and the apparent
remaining disagreement on some issues.
According to the report, areas to be resolved include clarifying
when choice-of-court clauses are valid and what exceptions are allowed
to contractual agreements, establishing coverage of intellectual
property rights, and determining the place of residence of the
contracted companies.
Informal exchanges and national-level discussions will continue
leading up to the June session, a participant said this week.
--
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org
Consumer Project on Technology in Washington, DC
PO Box 19367, Washington, DC 20036, USA
Tel.: 1.202.387.8030, fax: 1.202.234.5176
Consumer Project on Technology in Geneva
1 Route des Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727