Question of jurisdiction in domain contracts

[montel]

In a domain purchase contract it is common to designate a governing jurisdiction , for example:
"Choice of Law. This Agreement is made pursuant to and shall be governed by and construed in accordance with the laws of the State of California, as if entered into and fully performed therein."

Well, say I reside in 'Country A' and the person I am purchasing a domain from resides in European 'Country B'. Should I make the country of Governing Jurisidction my country 'Country A' or their country, 'Country B'. I ask this because a ruling in my country, 'Country A' may not be respected by a person in Country B and they may just ignore it.

 

[typist]

if your concern is related to a certain domain name and if you are in a position to chose a jurisdiction, it may make sense to think about a jurisdiction which the registry of the domain in question will respect.

an arbitration clause agreed upon in advance may also be a good idea, particularly if enforceable in your location.

 

[Bart]

I think the answer to your question really depends on how 'Conflict of Laws' is regulated in your country.

[Here] you can find some basic information.

 

[montel]

if your concern is related to a certain domain name and if you are in a position to chose a jurisdiction, it may make sense to think about a jurisdiction which the registry of the domain in question will respect.

an arbitration clause agreed upon in advance may also be a good idea, particularly if enforceable in your location.

so if my registrar is godaddy.com i need a jurisdiction that they will respect? so it doesnt really matter where the actual domain seller lives, it is more about where the registrar is incorporated?

 

[Dave Zan]

One reason for that kind of provision is to "force" the other party to sue you
in your jurisdiction under their laws should s*** happen. You want to protect
yourself as much as you can, after all.

It won't stop the other party from suing you in their own area. But good luck
to them being able to enforce it on where you are.

Unless you put in their jurisdiction instead of yours. :becky:

 

[Steen]

I was told...
If you can choose make it your jurisdiction.
If there is a disagreement or you do not wish to cause one leave the jurisdiction clause out.

This was what my lawyer instructed me based on a particular case and may not apply to everyone. I am certainly not a lawyer.