الضوابط العامة للاختصاص القضائي الدولي في منازعات التجارة الألكترونية : دراسة مقارنة

الملخص EN

The occurrence of the technological revolution of communication and the resulting global communications network appearance (the Internet), became the people can in different countries merchants and consumers to deal with each other without the need to move and skip long distances, which led to an increase in the special relations that arise across the border, especially trade relations international which took witnessing a remarkable development has become a phenomenon where the transmission of commercial transactions from the ground to the Internet growing by the day.

Since it is natural that those disputes arising from relations between the parties as is the case in light of traditional trade relations, it was necessary to the existence of a national Chapter spend his authority is being held in such disputes.

And to make up for this power (international jurisdiction) as to make up for such disputes (electronic commerce disputes) .

As the international jurisdiction in disputes electronic commerce does not meet the national spend in absolute terms, but based on the general legal controls or a private defined by the national legislature of each state as Iraqi legislature has done in the articles (14, 15) of the Iraqi Civil Law Number 40 of 1951 average.

It says this research to shed light on the general controls of international jurisdiction in electronic commerce disputes in accordance with Iraqi law and the Egyptian laws, the UAE and France with reference to the position of Swiss private international law and the UNCITRAL Model Law on electronic Commerce of the 1996 United Nations Convention on speeches electronic 2005 and the Brussels Convention of 1968 between the common European market countries and on international jurisdiction and enforcement of foreign judgments in civil and commercial matters and the European Directive No.

44 of 2001 on jurisdiction and enforcement of judgments in civil and commercial matters in the European Union, where appropriate.