[20020625]RS21248_电子商务和个人管辖权：参与的企业是否会受到外国法院的起诉？.pdf

1 See, e.g., the Electronic Commerce Enhancement Act of 2001, H.R. 524 (passed the House andreceived in the Senate on February 14, 2002).2 See Ellen S. Moore, Cyberjurisdiction, THE VIRGINIA LAWYER 28 (April 2002). Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21248June 25, 2002E-Commerce and Personal Jurisdiction: Are Participating Businesses Subject to Suit in Foreign Courts?Christopher Alan JenningsLegislative Attorney American Law DivisionSummaryElectronic commerce enables companies to access markets with which they havefew physical, legal, or traditional connections. An important question for a companydeciding whether to engage in e-commerce is whether establishing an Internet presencewill subject it to litigation in foreign jurisdictions. While the Constitutions due processrights protect a companys liberty interests in being subject to suits only in those forumswith which it has meaningful “contacts, ties, or relations,” it is not clear to what extentelectronic connections with a state are sufficient to warrant jurisdiction in a state orfederal court. This report reviews due process limitations on asserti