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By George J. Tourlakis

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CEN/ISS Workshop Agreement on Standardization of Online Dispute Resolution Tools prCWA XXX (20 October 2009). info. Green Paper of the European Commission of 19 April 2002 of Access to Consumer Justice and Alternative Dispute Resolution in Civil and Commercial Law (COM(2002) 196 final). Green Paper of the European Commission of 16 November 1993 on Access of Consumers to Justice and the Settlement of Consumer Disputes in the Single Market (COM(1993) 576 final). Ibid. 1 Consumer protection and access to justice in the era of electronic commerce A European perspective Access to the courts may be open in principle.

110 The location of the licensor does not depend on the location of the computer that contains the information, but on the place of establishment. This rule mirrors the E-Commerce Directive’s place of establishment provision. 111 Overall, in fact US courts and legislators tend to recognise choice of law clauses even when those favour businesses, but only as long as there is a reasonable relationship between the parties, the transaction and the chosen law. The reasoning behind this is that respecting choice of law clauses and favouring businesses is believed to result in lower prices for consumers.

Finally, it must be noted that since the competent law is chosen after deciding on the competent forum, the latter will have significant influence over the applicable law; not surprisingly, judges are often unwilling to apply foreign laws.

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