Journal of International Commercial Law and Technology
2025, Volume:6, Issue:1 : 488-497
Original Article
Cross-Border Jurisdiction In Cyberspace The Role Of The Hague Conference In Resolving Online Disputes
 ,
1
Ph.D. Scholar, Department of Law, Gurugram University-Gurugram, Haryana, India.
2
Assistant Professor-cum-Ph.D. Supervisor, Department of Law, Gurugram University-Gurugram, Haryana, India
Abstract

The growth of internet-based transactions, cross-border online platforms, and internet-based communications has increased the ambiguity in jurisdiction between courts, litigants, and states. When the site of dispute is virtual, traditional connecting factors of territorial presence, domicile, service, forum non convenience, of the private international law are emphasised. The main problem under consideration in this paper is the role of the Hague Conference on Private International Law (HCCH) in offering treaty framework to reduce the problem of fragmentation and uncertainty in transnational online disputes. This paper will center on three major Hague instruments the 1965 Service Convention, the 2005 Choice of Court Convention, and the 2019 Judgments Convention. Internet-related litigation examines their textual structure, scope of interpretation and application. Subsequently, identify loopholes occurring due to electronic service, consumer and mass-platform disputes, non-exclusive jurisdiction and non-adoption of the Judgments Convention. Following this discussion, a suggested set of solutions to reinforce the Hague architecture in cyberspace is suggested; interpretive adaptation, soft-law guidance, coordinated declarations, and capacity building. The paper aims to reconcile legal certainty, the sovereignty and access to justice within the emerging sphere of the digital cross-border disputes.

 

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