국제전자상거래에서 상관습 형성과 Lex Informatica의 고찰

A Study on the Development of Transaction Usages and Lex Informatica in Global Electronic Commerce

Global electronic commerce in cyberspace has distinctive natures. Thus, difficulties faced in regulating the Internet through traditional state laws or rules encourage to emerge new kinds of rules or principles. transnational rules or principles, especially, are more proper solutions than a specific nation's rule in global electronic commerce. Lex Informatica is a complete body of independent rule that does not face the same jurisdictional, choice of law problems that legal regimes encounter when networks cross state territory. The contents of Lex Informatica constitute general principles of law, transnational rules and uniform laws, e-business custom and usages, and standard contracts and agreements, and arbitration awards. However, there are some impediments of Lex Informatica to be adopted in the electronic commerce community. the challenges are the establishment of the content and meaning of principles and rules of Lex Informatica and whether or not Lex Informatica can be applied to uphold an online arbitration agreement. In conclusion, transnational rules of law can be applied to uphold an online agreement to arbitrate because the enforceability of decision based on Lex Informatica does not raise concerns and the application of transnational legal standards would constitute autonomous and denationalized arbitration.