Common Practices in the Electronic Commerce and Their Legal Significance
The objective of this paper is to present the examples of common practices developed by Internet companies, which are so widespread in the international electronic commerce that they could serve as the basis for adjudicating disputes in the online world (ecustoms). Customary norms played a very important role providing norms for solving commercial disputes in the Medieval times (Law Merchant) and continue to play an important role in modern international trade. Modern judges and arbiters refer to commercial customs to interpret legal acts or to settle disputes. And numerous legally relevant practices emerged in the electronic trade, particularly in the areas of online security, electronic contracting, data protection, handling of emails etc. Governments could utilise the knowledge of Internet practices to supplement national and international regulation of electronic commerce. The knowledge of electronic commerce customs could thus enhance Internet-related legislation and make it better adjusted to the needs of the knowledge-based economy. The article also outlines the concept of Internet Law Merchant as an autonomous from the national legal systems body of Internet commerce customary practices, which could be selected by parties to a transaction as the law governing their contract. The paper draws on the concept of electronic commerce custom (e-custom) as a potential remedy in removing legal uncertainty in the electronic environment.