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Jurysdykcja międzynarodowa Stanów Zjednoczonych w sporach . domenowych (na przykładzie decyzji w sprawie sieci Botnet Waledac)

100%

Kulesza J.

Studia Prawno-Ekonomiczne

2010

vol. LXXXI (81)

93-113

The author discusses the consequences of Virginia D.C. temporary restraining order against 27 anonymous defendants, resulting in the blocking of 273 domain names, dully registered by foreign individuals. The in rem proceedings were conducted based on personal jurisdiction over the Doe Defendants. This case constitutes a dangerous precedent for exercising jurisdiction over electronic contacts, creating actually a universal competence of the Virginia court. To support this thesis the paper contains a brief summary of the precautious U.S. jurisdictional practice in Internet cases exercised so far. The author presents the evolution of the U.S. judiciary and its noteworthy achievements in setting the jurisdictional standards for cyberspace (e.g. limiting the effective jurisdiction and applying the effects test). She also briefly discusses the international principles of jurisdiction and their applicability (or lack thereof) in the U.S. national legal system. Neither the U.S. judiciary practice nor the international law principles were reflected in this February 2010 Waledac decision, making it a dangerous turning point for all international e-business cases.

Jurisdiction in International Matrimonial Matters

88%

Grigienė J.

Baltic Journal of Law & Politics

2009

vol. 2

issue 1

97-111

This article analyses the jurisdiction of the court in matrimonial matters. The criteria of jurisdiction, the principal of lis pendens, forum non conveniens, applicable law and the influence of jurisdiction on the outcome of the case are unfolded in the article. Matrimonial law differs from country to country. In some countries there are strict rules; in other countries there are liberal rules for divorce. In different countries there are different criteria for division of joint property between spouses, and different criteria for determining child custody. Depending on which country's court solves matrimonial dispute, there can be different outcomes to a case because each court applies its own conflicts of law rules and determines the applicable law to the lawsuit. This essay explores the peculiarities of international jurisdiction determination rules valid in the European Union, and some worldwide tendencies of international jurisdiction. As the EC Regulation does not determine one basic rule of jurisdiction in matrimonial matters, it is possible to choose from several alternative jurisdiction criteria and start a suit in the courts of several states. The essay addresses cases in which the parties can manipulate and misuse the jurisdiction criteria due to the lis pendens principle, as well as cases in which the legal certainty and legitimate expectation of spouses are infringed upon. The essay also presents particular recommendations about how to improve present legislation by incorporating case transfer mechanism or principles of forum non conveniens.

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1 Baltic Journal of Law & Politics

1 Studia Prawno-Ekonomiczne

1 Grigienė J.

1 Kulesza J.

1 2010

1 2009

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Jurysdykcja międzynarodowa Stanów Zjednoczonych w sporach . domenowych (na przykładzie decyzji w sprawie sieci Botnet Waledac)

Jurisdiction in International Matrimonial Matters