Authors : Sheela Jayabalan, Daleleer Kaur Randawar and Hartini Saripan
Abstract: A mind shift in the concepts of private international law is in dire need of a change in Malaysia not only because of the borderless nature of the internet but for the evolution of a new way of life in the unfolding age of information and knowledge. Consumers are in dire need of protection to accord certainty and confidence of their rights and liabilities for any activities interplayed via the internet. The current law which is common law based is not feasible when consumers transacts via the internet because determining choice of law based on imputation of “close connection”, “intention of the parties”, “place of businesses” are all geographically based. Businesses set up in the WWW do not have any physical presence. Adapting doctrinal analysis, this study analyses the incomprehensiveness of the adherence to common law principles in resolving choice of law issues specifically in e-Commerce consumer contracts in Malaysia. In the arena of private international law, articulating consumer protection through legislative measures will give the order and degree of certainty for the consumer society to function. The researchers also ponder into harmonization of the private international law, specifically on choice of law especially at asean level as a means of strengthening consumer protection comparing the approach undertaken by the european union community. Even more so the fact that the internet is under the predomination that is “virtual” which encompass of mere networks. A paradigm shift in the mindset for determining choice of law based on physical presence is desired especially in Malaysia which is common law based and to be at pace with technological development such e-Commerce transactions.
Sheela Jayabalan, Daleleer Kaur Randawar and Hartini Saripan, 2016. Predicaments of the Governance of “Choice of Law” in e-Commerce Consumer Transaction. The Social Sciences, 11: 7602-7607.