chapter  Chapter 7
E-Commerce: Recognizing the Context
WithElizabeth Macdonald, David Poyton
Pages 20

This chapter argues that appropriate recognition of the e-commerce context from three perspectives: when considering the applicability of traditional rules, when drafting legislation which will impact upon the e-commerce area, and even, when considering a generally applicable rule, the impact which the e-commerce context may have on it. There were clear references throughout the development of the Regulation to the concerns of companies engaging in electronic commerce and which were unsure of their position in jurisdictional disputes under the provisions of the Brussels Convention. In the e-commerce context, use of “domicile” can be questioned as a criterion traditionally linked to a physical presence in a state. Drafting legislation for the e-commerce context may be made difficult by factors which impinge upon the drafting of any legislation. The chapter is concerned with the potential for the e-commerce context to influence the approach taken in the broader application of a more general measure.