Abstract
[Extract]
Imagine that a court is asked to grant an order requiring the removal of certain Internet content. What are the private international law questions that then arise?
The court would need to determine whether it can claim jurisdiction over the type of dispute in question (subject matter jurisdiction) and whether it can claim jurisdiction over the relevant legal or natural person (personal jurisdiction). It would
consider which country’s law applies to the dispute and it would need to consider whether there are reasons to decline to exercise jurisdiction (e.g. under the doctrine of forum non conveniens or under lis alibi pendens) depending on the legal tradition of the court in question. None of this is a novelty for any reader of this
excellent journal.
Imagine that a court is asked to grant an order requiring the removal of certain Internet content. What are the private international law questions that then arise?
The court would need to determine whether it can claim jurisdiction over the type of dispute in question (subject matter jurisdiction) and whether it can claim jurisdiction over the relevant legal or natural person (personal jurisdiction). It would
consider which country’s law applies to the dispute and it would need to consider whether there are reasons to decline to exercise jurisdiction (e.g. under the doctrine of forum non conveniens or under lis alibi pendens) depending on the legal tradition of the court in question. None of this is a novelty for any reader of this
excellent journal.
Original language | English |
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Title of host publication | Yearbook of Private International Law Vol XXII - 2020/2021 |
Editors | Andrea Bonomi, Gian Paolo Romano, Ilaria Pretelli |
Publisher | Verlag Dr. Otto Schmidt KG |
Pages | 245-274 |
ISBN (Electronic) | 9783504387587 |
ISBN (Print) | 978-3-504-08016-7 |
DOIs | |
Publication status | Published - 2022 |