Choice of Law and Jurisdiction Uncertainties in E-contract's Commercial Governance: A Recommendation for Mauritius

Abstract

E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.

Citation

Beebeejaun, A. and Gunputh, R.P. (2023), "Choice of Law and Jurisdiction Uncertainties in E-contract's Commercial Governance: A Recommendation for Mauritius", Seifi, S. and Crowther, D. (Ed.) Corporate Resilience (Developments in Corporate Governance and Responsibility, Vol. 21), Emerald Publishing Limited, Leeds, pp. 129-149. https://doi.org/10.1108/S2043-052320230000021007