Jurisdictional Issues in E-Commerce – A Critical Appraisal of the Indian Legal Regime
Author(s):
MAHANTESH G S, Mamatha R
Keywords:
E-Commerce, Jurisdiction, Choice of Law, The IT Act 2000, Consumer protection law
Abstract
India has been a witness to a technological revolution that has opened up several opportunities for businesses and a major beneficiary of this development is the rapidly growing ECommerce sector in India that has been credited for the expansion of major businesses like Amazon and Flipkart. Computer networks have thus, become an important part of the economic infrastructure as transactions are facilitated over the web. The internet has eliminated all geographic boundaries, making the globe flat. E-commerce is based on an electronic communication system that travels freely without any territorial limit. E-commerce disregards both territorial and judicial limitations. Due to the nature of e-commerce, it can be difficult to determine which courts should hear a dispute between a consumer and an e-trader. Geographical boundaries are the main emphasis of the current law framework for territorial jurisdiction. The challenges of the jurisdiction in e-commerce do not restrain the resolution of consumer disputes but also include jurisdiction to regulate e-commerce for the preservation of the rights and interests of consumers. To test the effectiveness of the current legal framework in India concerning jurisdiction to resolve consumer disputes and control e-commerce platforms, this paper makes an honest effort to analyse the jurisdictional challenges and issues that arise in e-commerce.
Article Details
Unique Paper ID: 158894

Publication Volume & Issue: Volume 9, Issue 10

Page(s): 993 - 1003
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