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Old 07-16-2011, 02:02 AM   #1 (permalink)
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Default Which law will be applicable to the dispute? (UK-EU)


The Civil Jurisdiction and Judgements Order 2001 deals only with jurisdiction for disputes. The addresses of Rome of 1980, with which law applies in contractual disputes.

The general rule in Article 3 of the Convention is that a contract to the law chosen by the parties, directed. Article 4 provides that in the absence of choice of the contract by the State with which he is the closest connection is regulated. This would, for example in case of delivery of goods, the country where the business to deliver the goods, be domiciled.

However, there is one important exception to Article 3 and the right to choose the law applicable to consumer contracts, the fifth Article Under Article 5 provides that it is not possible, and a consumer of existing law, where he resides, if the contract was preceded by a special invitation to the consumer or by advertising to rob. This means that any agreement to apply only a certain state laws are, to the extent that the consumer of the law applicable to the place where he resides.

Whether a site reached when the advertising can be defined by the Convention has not been tested by the courts, but some evidence from the Department of Trade and Industry under UK Department for Business, Innovation and Skills | BIS CACP / ca / ​​policy / Jurisdiction / rome.htm

Is there anything a business can do to avoid going to court?

To avoid the best way to go to court is to ensure that disputes are not on. The availability of easily accessible phone numbers and contact information on the website, it allows consumers to increase problems early. It is inevitable that some disputes still arise.
The cost of raising a defense or lawsuit can be huge, especially when it affect more than one country. A means of resolving problems without the need of the courts is through alternative dispute resolution (ADR) are available. These are an inexpensive and faster alternative to lawsuits. There are various ADR systems are conducted by trade associations, examples can be found at the http://www.eej-net.org.uk

The EU Member States are also developing a system that will allow consumers access ADR schemes in other Member States contribute if they have problems with cross-border disputes with merchants. This is known as the European Extra-Judicial Network (EEJ-Net) and on 5 Launched in May 2000. Details are available at http://www.eej-net.org.uk


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