Hague meeting in June to consider web site jurisdiction

For seven years a draft convention has been discussed which would set rules for jurisdiction and the enforcement of foreign judgements in other countries. The draft allows consumers to raise actions in their home courts and stops web sites solely relying on terms in their conditions of use to determine where they can be sued. It also ensures that judgments of a court in one country can be enforced by other countries.

Delegates of the Hague Conference on Private International Law will meet on 6th June in the hope of finalising the draft.

Critics have warned that the draft, as it stands, means that all web sites should comply with the laws of the strictest countries to avoid liability for their content. They also observe that most of the discussion surrounding the draft took place before the advent of e-commerce, hence its terms may be difficult to apply.

Further, critics warn that the growth of e-commerce could be harmed because web sites will refuse to do business with consumers from certain countries. However, this is already the advice that is given to web sites, i.e. that they should identify their target markets, identify the laws of these markets, and comply with them. The commonly held view is that web sites should not sell to consumers in countries where they do not comply with local laws or where they do not know what these laws are.