ABSTRACT

A great success of the Internet is the creation of a worldwide marketplace. In China, the Chinese Electronic Signatures Law deals with the main place of business of the sender and the recipient. It states that the place where the data message is sent or received shall be deemed to be the main place of business of the sender and the recipient. The China Contract Law provides a relevant provision dealing with the place of formation concerning electronic messages. In general, principles such as party autonomy and connecting factors have been employed to determine the place of performance in the Chinese Civil Procedure Law. With the deployment of cloud computing services, customers and users may not be able to choose or restrict the location of data centres prior to the conclusion of the service level agreement (SLA). The Model Law on Electronic Commerce sets out a series of criteria for determining where an electronic message is sent and received.