تنازع الاختصاص القضائي الدولي في عقود الخدمات الحديثة

Abstract EN

Most of the service contracts are concluded through the Internet, as traders, service providers and suppliers can offer their services anywhere in the world.

It is an international, transboundary network that places all the countries of the world in constant contact, resulting in increased transactions Which are concluded through these contracts.

But could modern service contract disputes be subject to the same disciplines as traditional disputes? The legislation regulates these controls through general and rules applicable to all existing disputes within the framework of international private relations, regardless of the nature of the dispute in terms of electronic or traditional Modern service contract disputes may therefore be subject to the rules of general international jurisdiction.

It also envisages its subordination to the special disciplines of international jurisdiction (the duty-bearer, whether or not the obligation is established).

If the obligation has arisen in a State or has been carried out, jurisdiction has been given to its courts.

Modern service contracts in particular are divided into two categories.

Some of them are signed and executed over the network, and those that are concluded over the network and executed outside, in the physical world.

This is particularly problematic for service contracts resulting from the non-discriminatory nature of the domain and its problematic nature when trying to apply traditional international jurisdiction to existing disputes