"Scope of Jurisdiction” – A Key Battleground for Private International Law Applied to the Internet

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

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.
Original languageEnglish
Title of host publicationYearbook of Private International Law Vol XXII - 2020/2021
EditorsAndrea Bonomi, Gian Paolo Romano, Ilaria Pretelli
PublisherVerlag Dr. Otto Schmidt KG
Pages245-274
ISBN (Electronic)9783504387587
Publication statusPublished - 19 Nov 2021

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