The International Chamber of Commerce (ICC) is resisting proposed reforms to EU business law on cross-border non-contractual civil disputes, which would insist that the country of a complainant provides the courts charged with making a judgment.
The ICC fears that such a law – designed to breed consumer confidence in cross-border retail sales – would scare businesses from selling into foreign markets.
The ICC’s main concern is the draft clause in the Euro-pean Commission’s proposed ‘Rome II’ regulation, saying that the law of the country “in which damage arises or is likely to arise” should be applied to resolve disputes.
The ICC stated: “That principle, if retained, could open the way for the laws of countries anywhere in the world to be applied.”
ICC commercial law and practice policy manager Jonas Astrup said: “[It] would be a nightmare for any business offering services on the net.”
ICC e-commerce law expert Michael Hancock warned: “Companies providing services to customers outside the EU could be sued under a variety of laws, depending on where the claimant happened to live or simply has a product.”