TY  - JOUR
T1  - Predicaments of the Governance of “Choice of Law” in e-Commerce
Consumer Transaction
AU - Jayabalan, Sheela AU - Randawar, Daleleer Kaur AU - Saripan, Hartini 
JO  - The Social Sciences
VL  - 11
IS  - 31
SP  - 7602
EP  - 7607
PY  - 2016
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2016.7602.7607
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2016.7602.7607
KW  - Choice of law
KW  -common law
KW  -e-Commerce
KW  -paradigm
KW  -virtual
AB  - 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.
ER  -