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n only be done by agreement ex post facto.
In the case of intellectual property disputes, by virtue of Article 22, exclusive jurisdiction is granted to the courts of a member State where the intellectual property has been registered or deposited.

Article 23 also provides for the prorogation of jurisdiction to an agreed court of a particular member State where the parties have agreed to this in writing. Note that ‘writing’ is deemed to include e-communications.

Decisions by member States courts are to be recognised by all other courts of the EU States, without any special procedures: Article 33. Judgments may not be recognised under limited circumstances such as public policy.

Under Article 38, a judgment given in a member State and also enforceable there can be enforced in any other member State. The section also provides for the unique jurisdictional position of the United Kingdom, in as much as there are 3 separate legal systems within the United Kingdom.

Under Article 41, the judgment is enforceable immediately as long as the formalities of Article 53 are complied with. Article 53 provides that the person seeking recognition or enforcement of the judgment produce a certified copy of the judgment.

Under Article 59, the question of domicile is to be resolved according to that member State’s internal law on domicile.

Article 60 states that companies, legal persons or other associations are domiciled according to three rules;
1. Where the organisation has its statutory seat, or
2. Where the organisation has its central administration, or
3. Where the organisation has its principal place of business          

Settlement of Disputes

The rise in cross-border contracts gives rise to a concomitant rise in the number of cross-border disputes. Therefore, the EU is also committed to encouraging the use of out-of court dispute settlement procedures. For example, the EU has recently set out the principles on which such a system should be based:

 Impartiality
 Transparency
 Effectiveness
 Fairness

The EU has also established the European Extra-Judicial Network for cross-border dispute resolution, in order to facilitate the use of Alternative Dispute Resolution [ADR] in commercial disputes between consumers and companies.

Online contracts are particularly appropriate for the use of ADR. By definition, the parties are contracting at a distance, sometimes at great distance. The cost, delay and inconvenience and doubt associated with suing a company in another country or indeed attempting to sue a foreign company in the ‘home’ court is a disincentive to the growth of e-commerce. Thus, online dispute resolution is an integral part of the general e-commerce policy. An example of this approach is the Electronic Consumer Dispute Resolution website. Negotiation and mediation is conducted, free of charge, through a secure online environment.

In Scotland the legal community have introduced an online settlement system called Intersettle. On the i本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。