Conflict-of-Laws Regulation of International Electronic Contracts: Modern Challenges and Ways to Overcome Them

Objective: to identify legal conflicts and gaps in the regulations applicable to international electronic contracts under the rapid development of information technologies, globalization of trade and economic relations and increasing legal uncertainty generated by the transnational nature of cyberspace.

Methods: the research methodology is formed by comparative-legal and analytical methods, which allowed for a systematic study of the national legal systems of various states, as well as key international tools in the field of electronic contracts regulation. Based on a detailed study of judicial practice, legislative provisions and doctrinal sources, the article identifies similarities, fundamental differences and systemic gaps in existing legal approaches to cross-border digital transactions.

Results: the research showed that the traditional conflict-of-laws principles – party autonomy and objective connection – retain their fundamental importance in the field of electronic commerce, but are insufficient to properly resolve the complex problems inherent in online contracts. It was established that the Internet’s intangible and international nature comes into conceptual conflict with the territorial logic of private international law. This requires rethinking the classical localization links. In the absence of uniform regulations, participants in electronic commerce have to focus on emerging practices, which significantly reduces the predictability and stability of legal relations.

Scientific novelty: it consists in a comprehensive comparative-legal analysis of the doctrine of will autonomy and the concept of objective connection in international electronic contracts, as well as in substantiating the systemic insufficiency of existing conflict-of-laws mechanisms for regulating digital cross-border relations. The author introduces into scientific circulation a well-reasoned conception that an independent conflict-of-laws regime for electronic commerce should be formed, taking into account its technological and legal specifics.

Practical significance: the results obtained and the recommendations formulated have direct practical significance for legislators developing legal acts in the field of electronic commerce, for international organizations working on the unification and harmonization of private law norms, as well as for participants in international commercial turnover and practicing lawyers supporting cross-border digital transactions. The findings can be used when drafting international treaties and model legislative acts aimed at creating a predictable and secure legal environment in the field of international e-commerce.