Chapter 6: CONTRACTS
The basic legal framework on online contracts at international and EU level is discussed. A typology of the relevant contracts that influence the application of the conflict of laws rule in this area is presented and the significance of categories such as so-called ‘smart contracts’ in this framework is considered. Particularly important is the characterization of consumer contracts in the context of the platform economy, given the importance of weaker parties protection in EU private international law. Effectiveness of choice of forum and choice of law agreements and their limits are of great practical importance. Guidance is provided as to the interpretation of the place of performance as ground of jurisdiction with regard to contracts performed online. The law applicable in the absence of choice to Internet related contracts is also covered. Finally, alternative dispute resolution mechanisms, including mediation, arbitration and other procedures for the out-of-court resolution of cross-border disputes are discussed.
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