Provisional Relief in Transnational Litigation in the Internet Era: What is the U.S. Best Interest?


Panagiota Kelali


VOL. XXIV • Winter 2006 • NO. 2 (table of contents)

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24 John Marshall J. of Comp. & Info. Law 263


Using the hypothetical of a college student victimized by a fraudulent website, this comment addresses the issue of Internet fraud. In the example presented, the perpetrators are Greek nationals located in Greece. Focusing on the intangible and international nature of the Internet, the comment addresses the complications surrounding litigating an Internet fraud case. The issues discussed include a determination of the forum where the suit should be brought, preservation of the status quo pending determination of the dispute, and the status of a transnational cooperation on the issue of recognition and enforcement of judgments.

The comment presents the options available to a U.S. plaintiff. The comment further presents the policy established by the European Union, the current international initiatives in the area of civil and commercial law, The Hague Conference on Private International Law, and the ALI/UNIDROIT Principles and Rules. Ultimately, this comment concludes that it is possible and imperative for the United States to initiate a series of negotiations with countries with similar legal systems seeking the conclusion of bilateral or regional treaties, following the example of the E.U. and E.F.T.A. countries.

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