This introductory chapter explains the challenges of resolving cross-border consumer disputes within the framework of private international law. Compared to businesses in cross-border disputes, consumers, as vulnerable parties with less bargaining power, are often in a disadvantaged position. Because of vulnerability and information asymmetry, the difficulties faced by consumers in international litigation may include high costs, language barriers, unfavorable laws, and delays in enforcing judgments across jurisdictions. This chapter emphasizes the importance of access to justice in consumer protection and investigates how jurisdiction and choice of law rules in private international law can be optimized to protect consumers. For instance, it examines the limitations of general jurisdictional rule actor sequitur forum rei and this rule often places consumers at a disadvantage by requiring them to litigate in the jurisdiction of the business’s domicile. Focusing on Chinese private international law, it raises three main research questions: who qualifies as a consumer, which jurisdiction rule applies to consumer contracts, and which law governs disputes over consumer contracts in China. The chapter serves as the foundation for subsequent discussions on identifying gaps and proposing legislative suggestions aimed at clarifying definitions, refining jurisdictional frameworks, and improving the application of choice of law rules over consumer contracts in China.

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Introduction

  • Zhen Chen

摘要

This introductory chapter explains the challenges of resolving cross-border consumer disputes within the framework of private international law. Compared to businesses in cross-border disputes, consumers, as vulnerable parties with less bargaining power, are often in a disadvantaged position. Because of vulnerability and information asymmetry, the difficulties faced by consumers in international litigation may include high costs, language barriers, unfavorable laws, and delays in enforcing judgments across jurisdictions. This chapter emphasizes the importance of access to justice in consumer protection and investigates how jurisdiction and choice of law rules in private international law can be optimized to protect consumers. For instance, it examines the limitations of general jurisdictional rule actor sequitur forum rei and this rule often places consumers at a disadvantage by requiring them to litigate in the jurisdiction of the business’s domicile. Focusing on Chinese private international law, it raises three main research questions: who qualifies as a consumer, which jurisdiction rule applies to consumer contracts, and which law governs disputes over consumer contracts in China. The chapter serves as the foundation for subsequent discussions on identifying gaps and proposing legislative suggestions aimed at clarifying definitions, refining jurisdictional frameworks, and improving the application of choice of law rules over consumer contracts in China.