Professor Tang's article “Exclusive Choice of Forum Clauses and Consumer Contracts in E‑commerce” (2005), 1 J. Priv. Int. L. 237" and monograph Electronic Consumer Contracts in the Conflict of Laws, 2nd ed. Portland, Or.: Hart, 2015, were cited in the recent Canadian Supreme Court's judgment on Douez v Facebook, Inc., 2017 SCC 33. This case confirmed that due to the existence of inequality of bargaining power in consumer contracts, when a court enforces a choice of court agreement in an online consumer contract, the court should exercise discretion differently from a commercial contract. The Canadian court could take jurisdiction irrespective of an exclusive choice of forum clause choosing Californian courts.
Professor Tang is a leading expert in consumer conflict of laws in the digital age, an area on which she has published numerous articles and two monographs. In her recent monograph published in 2015, Professor Tang suggests that a multi-tiered dispute resolution scheme is the best to assist consumers' access to justice in e-commerce, and a "protective model" should be adopted to enforce dispute resolution clauses, including choice of court clauses, in consumer contracts.
published on: 29 June 2017