[ga] Re: [Ecommerce] Dugie Standeford on new Hague discussions on contract jurisdiction treaty
James and all,
Thanks Jamie for passing this along. It is long past time for some
action in this area. As you may recall we here at INEGroup called
for this some time ago circa '98-'99. Its good to see finally that
our members efforts along these lines is finally having an impact.
James Love wrote:
> Washington Internet Daily
>
> Friday, August 29, 2003 Vol. 4, No. 168
>
> ?Visible Airing? of Issues Sought
>
> E-Commerce Treaty Would Give Trade a Boost, Industry Group Says
>
> The International Chamber of Commerce (ICC) Thurs. applauded the decision by
> Hague Conference Secy.-Gen. Hans van Loon to appoint a special commission to
> negotiate a treaty aimed at harmonizing international laws on jurisdiction
> and enforcement of foreign judgments in transborder disputes, including
> e-commerce (WID Aug 21 p7). The draft, which was narrowed by a special
> working group earlier this year to cover only business- to-business (B2B)
> contracts containing choice of forum clauses, ?is on the right lines,? ICC
> Secy.-Gen Maria Livanos Cattaui said. If adopted, the convention would give
> trade a ?powerful boost,? the ICC said.
>
> But Consumer Project on Technology (CPT) Dir. James Love called the
> convention ?a recipe for forum-shopping and an expansion of the use of unfair
> contracts? such as software click-through and shrink-wrap agreements. CPT
> will ask the Hague Conference to hold a panel in Dec. on the ?fundamental
> policy issue? of whether nonnegotiated contracts always should be enforced as
> to choice of forum, Love said. ?You can?t pretend this isn?t making global
> policy,? he said. ?It deserves a real, visible airing... with good advocates
> on different sides.?
>
> Libraries have worried about the potential ramifications of the treaty on
> licensing agreements since the proposal began crystallizing several years
> ago, said Miriam Nisbet, Legislative Counsel to the American Library Assn.
> ?We are absolutely committed to continuing to provide input? as negotiations
> progress and to being a part of the process, she said.
>
> Over the summer various countries submitted comments to van Loon on how ? or
> whether? to proceed with the slimmed-down version of the treaty. Those
> letters haven?t yet been made public, we?re told. However, a source close to
> the U.S. delegation indicated the State Dept. had told the Secy.-Gen. the
> U.S. was ready to move forward with the B2B-choice of forum draft so long as
> negotiations allowed for thorough consultations with appropriate stakeholders.
>
> If the Dec. talks are successful, the proposed text will be set for final
> negotiation at a full diplomatic conferencenext June, van Loon said. ? Dugie
> Standeford
>
> Washington Internet Daily
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 131k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard
===============================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
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