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The development of cyberspace law poses a challenge to the traditional borders of law. The increase of activities and business deals on the internet has awakened the interest of lawyers, civil servants, businessmen, and scholars regarding the manner on how to determine internet jurisdiction. The goal of this paper is to establish the criteria for determining jurisdiction that are being used by courts when they have to resolve cases on the internet. The paper analyses academic literature and selected cases in the US, Europe, Colombia, and the world with qualitative and inductive method, using primary and secondary sources, documentary review, and direct observation techniques. The conclusions are that: 1) Differences between common or civil law systems seem to be disappearing when new rules emerge to establish jurisdiction on the internet; 2) An alternative use of both new online and traditional offline rules is observed in resolving cases by the courts, especially in the US; 3) International cases suggest that courts have applied traditional rules rather than online rules like the Zippo test, Calder tests, or the mere accessibility among others; 4) European (Germany, Netherlands) and the Colombian cases show that they prefer use offline criteria, although we can find some online rules. [ABSTRACT FROM AUTHOR]

In this paper, the author analyzes the restrictions imposed on party autonomy to set the arbitration procedure, derived from Constitutional Law inter alia. He does so, through a comparative exercise that deals with the case of amigable composición as an example of ADR whose contractual nature favors party autonomy. In order to demonstrate that the constituent and the Colombian legislator could have further favor party autonomy in arbitration, the author analyses the similarities between these two mechanisms. Thus, through an investigation on the roots, regulation and jurisprudential evolution of amigable composición in Colombia and in comparative law, he identifies why there are so many differences in the practice of these proceedings. [ABSTRACT FROM AUTHOR]

The applicable law to the International Contract of Distribution of the European Union presented a lot of difficulties under the application of the Rome Convention of 1980, subsequently this uniform legal norm required establishing the law applicable to the international contract, to identify the characteristic performance in such legal relationship. The characteristic performance of the distribution contract could not be determined in a uniform way, because some of the courts of the Estates which made part of it understood that it was carried out by the distributor, others maintained that is was the grantor of the merchandize, while others considered that this contract could not be established under characteristic performance theory. The Rome I Regulation from the European Union has made important modifications regarding determining the applicable law to this contract, since it has established in a rigid and direct way the norm of the habitual country of residence of the distributor for this legal relationship to be applied. The present paper pretends to analyze if the rigid determination of the law applicable to the distribution contract in the Regulation of the European Union Rome I, manages to solve interpretation problems presented on the Rome Convention of 1980, bringing legal certainty through the foreseeable applicable law to the international contract. [ABSTRACT FROM AUTHOR]

Transition to oral processes is, without doubt, a Herculean task whose achievement, in fact, is a joint responsibility of the legislature, jurisprudence, doctrine and the national academia, who must work together in order to develop, with solvency, a real oral process. It is a challenge that demands the involvement of all legal actors who are called, in part, to rethink the system, and based on their conclusions, to put it into practice. That's why this paper addresses just one of the main topics to be considered regarding orality: the evidence rules under the oral system. Thus, it seeks to elucidate a structural question or problem: What specific reforms are needed for the rules of evidence in order to achieve the oral process? Identifying the problems that current rules of evidence have and proposing some solutions to that problems. [ABSTRACT FROM AUTHOR]

This paper demonstrates how the behavior of the parts within a contract has legal effects in the contract phase named "preliminary treatment". In this sense we perform a legal and doctrinal analysis of the concept of free will and its exteriorization, considering the implications and scope of the effective appearance theory accepted by European courts for such cases where the exteriorized behavior does not agree with the procedure of one party generating a need to protect the other that has legitimate expectation over the imminent celebration of a contract. [ABSTRACT FROM AUTHOR]