Navigating the Legal Landscape: E-Commerce and India's International Trade

Aditi Shakya

Institute of Law, Jiwaji University

INTRODUCTION

India's e-commerce market has exhibited remarkable growth, positioning itself as one of the most dynamic sectors globally. As of 2020[i], its value surged to $46.2 billion, and projections suggest a robust trajectory, with an anticipated expansion to $136.47 billion by 2026, at a notable rate of 18.29 percent.[ii] This growth is fuelled not only by the inherent potential of the market but also by the transformative impact of the COVID-19 pandemic, which acted as a catalyst for e-commerce activities. During the pandemic, while traditional retail faced challenges, e-commerce experienced a surge in demand across various segments. This was particularly evident in areas such as hyperlocal delivery, digital education, food delivery, digital health, digital media, and entertainment. The adaptation to online platforms was accompanied by a widespread adoption of digital payment systems, further propelling the e-commerce landscape forward.

In navigating this burgeoning market, it's imperative for businesses to understand and adhere to regulatory frameworks, such as the Competition Act established by the Indian government. These regulations aim to ensure fair competition and prevent monopolistic practices, particularly in pricing and distribution. Hence, U.S. companies looking to capitalize on the Indian e-commerce market must incorporate relevant clauses within their distribution agreements to remain compliant and mitigate the risk of competition law violations. Moreover, India's appeal as a prime destination for e-commerce suppliers stems from its vast consumer base, diverse demographics, cost-effective digital infrastructure and services, and a well-developed supply chain ecosystem. This attractiveness is further accentuated by the growing prominence of online platforms and the increasing preference for digital transactions among Indian consumers.

The primary objective of this research is to examine the impact of e-commerce on India's international trade and explore the legal challenges that arise from digital trade. This study aims to provide a comprehensive understanding of the role e-commerce plays in the expansion of Indian businesses into global markets, the legal framework governing e-commerce in India, and the policy implications of addressing legal challenges in the digital trade environment.  The importance of this study lies in its relevance to India's international trade, which is critical to the country's economic growth and development. E-commerce has the potential to enhance India's trade performance by facilitating market access for small and medium-sized enterprises (SMEs), boosting exports, and promoting greater integration into global value chains.[iii] 

Moreover, this study is important in the context of India's international trade policy and its role in shaping global trade governance. As one of the world's largest and fastest-growing ecommerce markets, India has a significant stake in the development of international rules and norms governing digital trade. By examining the legal challenges arising from e-commerce and digital trade, this study can provide valuable insights into the areas where India needs to strengthen its domestic legal framework and engage in international negotiations to promote its interests effectively. 

In essence, India's e-commerce landscape presents abundant opportunities for businesses willing to navigate its complexities effectively. By understanding market dynamics, regulatory frameworks, and consumer behaviors, companies can position themselves strategically to capitalize on the immense growth potential offered by India's thriving e-commerce sector.

OVERVIEW OF E-COMMERCE IN INDIA THROUGH THE LENS OF INTERNATIONAL TRADE

The Evolution of E-Commerce in India:

E-commerce in India has undergone a remarkable evolution, propelled by advancements in technology, changing consumer behaviour, and supportive regulatory frameworks. Initially, the sector saw the emergence of online marketplaces such as Flipkart and Snapdeal in the late 2000s, which revolutionized the way Indians shopped by offering a wide range of products at competitive prices. The introduction of cash-on-delivery (COD) payment options addressed concerns regarding trust and payment security, further fueling the growth of e-commerce.[iv]

As the market matured, global players like Amazon entered the fray, intensifying competition and driving innovation in delivery logistics and customer service. The proliferation of smartphones and affordable internet access played a pivotal role in expanding the reach of e-commerce to tier-2 and tier-3 cities, where a significant portion of India's population resides. This democratization of access to online shopping contributed to the exponential growth of e-commerce in India.[v]

Major E-Commerce Players and their Market Share:

India's e-commerce landscape is dominated by a few key players, which primarily include: 

·                  Flipkart: Founded in 2007, Flipkart is one of India's largest e-commerce platforms. Acquired by Walmart in 2018, it has a significant market share in various segments, including electronics, fashion, and home appliances. 

·                  Amazon India: Launched in 2013, Amazon India has quickly become a major contender in the ecommerce market, competing fiercely with Flipkart. It offers a wide range of products and services, including Prime Video, Amazon Music, and Kindle. 

·                  Paytm Mall: Paytm Mall is an extension of the popular mobile wallet and payment service, Paytm. Launched in 2017, it focuses on mobiles, electronics, and fashion products.

·                  Snapdeal: Founded in 2010, Snapdeal initially started as a daily deals platform but later evolved into a full-fledged e-commerce marketplace. It offers products across various categories, including electronics, fashion, and home products. 

·                  Reliance JioMart: Launched in 2020, JioMart is backed by India's largest conglomerate, Reliance Industries. It focuses on the grocery and daily essentials segment and has ambitious plans to expand into other categories in the future. 

The market share of these players fluctuates over time due to intense competition and varying consumer preferences. However, Flipkart and Amazon India continue to be the dominant players, with a combined market share of over 60%.

E-Commerce Sectors in India:

Retail- The retail sector is the backbone of the e-commerce industry in India, encompassing a wide range of products such as electronics, fashion, home appliances, and groceries. Online retail has witnessed rapid growth, driven by factors such as convenience, competitive pricing, and the availability of a diverse range of products. The proliferation of online marketplaces like Flipkart, Amazon India, and Snapdeal has further accelerated the growth of the retail e-commerce sector. 

Services- The services sector is another significant component of India's e-commerce industry, including segments like online travel bookings, food delivery, and financial services. Major players in this space include MakeMyTrip, Yatra, Zomato, Swiggy, and Paytm. The rise of digital platforms has made it easier for consumers to access services from the comfort of their homes, contributing to the growth of this sector. 

Digital Products- The digital products segment in India's e-commerce industry includes items such as e-books, etc.

Popular Indian E-Commerce Sites:

Business to Consumer (B2C): Amazon.in; Flipkart; Myntra; Tata cliq; Pepper fry; Paytm mall; Nykaa; 1mg; First cry; AJIO; Big basket; Grofers; Shop clues; MakeMyTrip; Book my show; Koovs; Lens kart; Meesho; and Zomato.

Business to Business (B2B): Jumbo tail; Elasticrun; Ninja cart; De Haat; Farmley; Udaan; Bizongo; India Mart; Go Mechanic; Retailio; Saveo; Horeca Stop; ChemX; Infra.Market; Now Purchase; Of Business; Vendor Infra; Fibre2Fashion; Fashinza; Bijnis; Moglix.

Major Buying Holidays:

·                  Ramadan (March–April)

·                  Rakhi (August)

·                  Diwali (October or November of the year)

·                  Dussehra (October)

·                  Christmas (December)

·                  New Year (January)

Trade Shows and Conferences:

·                  HGH India – Delhi, December 2023

·                  Meet Magento, Ahmedabad, Gujarat, February 2024

·                  Great India Retail Summit – Mumbai, February 2024

·                  Phygital Retail Convention – Mumbai, May 2024

·                  Digi Mar Con India 2023 – New Delhi, August 2024

·                  Cosmoprof Beauty- Mumbai, December 2024

LEGAL FRAMEWORK GOVERNING E-COMMERCE AND INTERNATIONAL TRADE IN INDIA

India lacks clear and specific laws that govern the use of consumer data and consumer privacy. The Information Technology Act of 2000 and the Indian Contracts Act of 1872 touch on these issues, and India’s Parliament is considering a legal framework on the digital ecosystem that may address personal data protection and privacy. The draft Personal Data Protection Bill, 2019, was deliberated heavily by the Joint Committee of Parliament. In August 2022, the bill was withdrawn and a new bill covering personal data protection is planned that will fit into the proposed comprehensive legal framework. Timelines for this have yet to be identified. Also, the Reserve Bank of India (RBI) promulgated new guidelines for payment gateways and payment aggregators prohibiting them from storing credit card data.[vi]

Foreign companies are required to establish an Indian entity with goods and services tax (GST) registration or to partner with an Indian distributor or importer while doing business in India. The Ministry of Commerce and Industry regulates online sales in the Indian market. In 2019, the Indian government released a draft national e-commerce policy to regulate the sector. The policy focuses on cross border data flows, intellectual property, and competition. The Indian government allows 100 percent FDI in B2B e-commerce firms and 100 percent FDI in B2C e-commerce under the “automatic route,” which does not require prior approval from the RBI or the central government.[vii]

Major Laws and Regulations:

·                  Income Tax Act, 1961

·                  Consumer Protection Act, 1986

·                  Information Technology Act, 2000

·                  Foreign Exchange Management Act, 2000

·                  Payments and Settlement Systems Act, 2007

·                  Companies Act, 2013

·                  Laws related to Goods and Services Tax.

Technological innovation can make our lives easier and more convenient. It can also create opportunities for a more sustainable future. As e-commerce currently constitutes an important component of international trade, technologies such as blockchain are one of the key solutions that would help address the myriad challenges faced by the members of the international community.

The Role of the WTO:

The WTO has also undertaken several meaningful steps to adapt to the changing global scenario as regards digital transactions and electronic commerce. The Work Programme on E-Commerce[viii] was established in 1998 following the Declaration on Global E-Commerce[ix] adopted at the WTO’s Second Ministerial Conference. Regular discussions have been held under the aegis of the Work Programme since its inception, covering various issues concerning e-commerce. A group of 88 WTO members have also initiated separate discussions under the Joint Initiative on E-Commerce[x], focusing on the trade-related aspects of e-commerce.

The WTO members are taking significant strides towards creating appropriate legal norms pertaining to e-commerce, such as the proposal of Digital Economy Agreements[xi] in the recently convened Work Program on 22 March 2023. While presenting the proposal, Singapore emphasised the need to build adequate regulatory frameworks to support digital trade, including electronic transactions and invoicing. The UK also introduced its forthcoming paper on trade digitalisation and how to incorporate the principles of transparency, inclusivity, and efficiency in legal norms. Several members also highlighted the role of the WTO regarding capacity-building and technical assistance vis-à-vis those countries that may require such assistance.

The UNCITRAL Model Law on Electronic Transferable Records:

Apart from the WTO’s several initiatives, certain international instruments, such as the UNCITRAL Model Law on E-Commerce and Electronic Signatures, give legal certainty to electronic communications in international commercial transactions. For example, Article 9[xii] of the UNCITRAL Model Law on E-Commerce emphasises the admissibility and evidentiary value of data or electronic messages. All these instruments are key to recognising the validity of blockchain-based transactions. The MLETR adopted in 2017 is a recent attempt to address the gaps arising from the rapidly increasing divide between legal frameworks and technological innovation.

This Model Law lends legal certainty to ‘smart contracts’ and could greatly benefit businesses in the transportation, logistics, and finance sectors. As it focuses on paperless transactions, it would automatically lead to more sustainability across global supply chains. As this is wide enough to cover all categories of technologies, such as distributed ledgers, it would also help regulate blockchain-based transactions. As of 2023, the MLETR[xiii] has been adopted in 7 countries, including Singapore, the UAE, Bahrain, Belize, Kiribati, Papua New Guinea, and Paraguay. This can be viewed as a positive development, and with time more countries should adopt domestic laws influenced by the Model Law.

The Information Technology Act, 2000:

The bills of lading form the backbone of trade transactions across the world, and therefore, with the enhanced dependence on e-bills of lading, time-efficiency, cost-savings, and overall efficacy can be achieved. Similarly, India can adopt the UNCITRAL Model Law on Electronic Transferable Records by making appropriate amendments to the IT Act. While the IT Act recognises the UNCITRAL Model Law on E-Commerce and has provisions that recognise electronic transactions affording them an equivalent treatment, specific provisions such as recognition of electronic trade documents, including the e-bills of lading and e-way bills, would be extremely useful for the Indian trading community.

The Supreme Court in Trimex International FZE Limited, Dubai vs. Vedanta Aluminium Limited, India[xiv], recognised the arbitration clause contained in an electronic contract. However, it is pertinent to note that while the Indian courts have considered claims based on paper-based bills of lading, there is still no precedent as regards the specific recognition of e-bills of lading. While general electronic transactions are covered within the scope of the IT Act and could extend to e-bills of lading, provided they match the necessary requirements under the Indian Evidence Act 1972, several unique aspects associated with bills of lading remain unaddressed. For example, while the Indian courts may still recognise the existence and contents of the e-bills of lading, other important elements, such as its negotiability and capacity to pass on the title to the holder in due course, could be shrouded in uncertainty due to lack of specific recognition of e-bills of lading.

For instance, a 2022 amendment introduced to the IT Act[xv] allows certain documents, such as promissory notes, bills of exchange, and even mortgage documents, to be executed, stored, and presented as evidence electronically as per the criteria specified under the Indian Evidence Act. According to the earlier regime, no recognition was afforded to electronic promissory notes and bills of exchange. The Negotiable Instruments Act 1881 only provided legal legitimacy to electronic cheques. However, with the recent changes in the IT Act, it is now possible to lend legal credibility to e-promissory notes and e-bills of exchange. Similarly, specific recognition of the e-bills of lading, as reflected in Singapore’s ETA, would render such documents legally valid unambiguously. It is interesting to note that the Indian government and the relevant industry stakeholders are already warming up to the idea of blockchain-based transactions, for example, by creating the Indian Banks’ Blockchain Infrastructure Company Private Limited (“IBBIC”).[xvi]

Further, the Central Board of Indirect Taxes and Customs has launched a pilot electronic cargo tracking system[xvii] harnessing blockchain technology to track the containers to the warehouse. This initiative has been launched with the intent to assess whether this technology can secure documentation involved in the process along with the use of GPS to track the containers. Therefore, given such developments, the relevant changes in the IT Act can provide the necessary regulatory support to ensure that the Indian trading community’s interests are protected when they engage in such digital transactions.

LEGAL CHALLENGES ARISING FROM DIGITAL TRADE

International trade presents a myriad of challenges for Indian companies, ranging from regulatory compliance to currency exchange fluctuations, customs and import/export duties, language and cultural barriers, payment and banking complexities, political and economic instability, legal disputes, jurisdiction issues, compliance with international standards and regulations, and intellectual property protection problems. Let's delve into each of these challenges in detail.[xviii]

Regulatory compliance is a complex web that Indian companies must navigate in cross-border transactions. From business and finance laws to data protection regulations and intellectual property rights, each country poses its own set of challenges. Compliance with anti-corruption laws like the FCPA and UK Anti-Corruption Act is paramount, as is adherence to various labor, environmental, and product quality standards. Import/export restrictions, tariffs, and quotas further complicate matters, necessitating a deep understanding of trade agreements and laws affecting trade. Protection of international intellectual property rights and compliance with financial regulations add additional layers of complexity.[xix]

Currency exchange and fluctuations present significant challenges, impacting transaction costs, profits, and financial statements. Small businesses are particularly vulnerable to exchange rate changes, which can disrupt cash flows and profitability. Effective hedging strategies and a thorough understanding of financial instruments are essential to mitigate these risks. Compliance with foreign exchange regulations, including documentation and reporting requirements, is crucial to avoid legal and financial repercussions. Fluctuating exchange rates also affect the competitiveness of products and services in international markets, necessitating adjustments to pricing strategies and effective cash flow management across different currencies.[xx]

Customs and import/export duties pose hurdles for Indian companies engaged in foreign transactions, with a complex regulatory environment and tariff barriers affecting market competitiveness. The documentation and valuation of goods for tax purposes require meticulous attention to detail, as errors can lead to costly delays or rejections. Acquiring import/export licenses and permits can be cumbersome, disrupting supply chains and operational efficiency. Non-tariff measures and protectionist trade policies further exacerbate challenges, necessitating careful planning, expert advice, and technological solutions to ensure compliance and facilitate trade.[xxi]

Language and cultural barriers impede effective communication and relationship building in cross-border transactions. Misinterpretations and misunderstandings can lead to contractual disputes and damaged relationships. Understanding cultural norms and business practices in target markets is essential, requiring investment in cultural sensitivity training and collaboration with local partners or consultants. Adapting strategies to align with foreign cultural standards and ethical practices is imperative to avoid reputational damage and legal consequences.

Payment and banking challenges, including currency conversion, payment delays, and complex regulations, add layers of complexity to cross-border transactions. Leveraging reliable banks with a global presence and utilizing fintech solutions can streamline payment processes and enhance security. Expert advice and establishing local banking relationships in foreign countries are also crucial for efficient transaction processing and compliance with regulatory requirements.[xxii]

Political and economic instability in target markets present risks such as regulatory uncertainty, currency fluctuations, and trade barriers. Proactive risk management practices, including thorough due diligence and market diversification, are essential to mitigate these risks and ensure business continuity. Staying informed about political and economic developments and leveraging diplomatic channels and industry associations can provide valuable support in navigating these challenges.

Legal disputes and jurisdiction issues complicate cross-border transactions, requiring careful consideration of dispute resolution mechanisms and contract enforcement procedures. Clear dispute settlement clauses and proactive risk mitigation strategies are essential to address potential challenges arising from differences in legal systems and enforcement mechanisms. Compliance with international standards and regulations requires expertise and ongoing training to minimize legal risks and ensure smooth transactions.[xxiii]

Intellectual property protection problems, including weak enforcement of laws and cultural differences, pose significant challenges for Indian companies in cross-border transactions. Mitigating risks of infringement and piracy requires a multifaceted approach, including robust legal strategies, cultural sensitivity, and technological solutions to protect intellectual property rights effectively.

CONCLUSION

The article underscores the exponential growth of e-commerce in India and its profound impact on the country's international trade landscape. It elucidates the pivotal role of e-commerce in driving export expansion, facilitating the global reach of Indian enterprises, and empowering MSMEs to partake in international trade. Despite the presence of a legal framework comprising domestic regulations and international commitments, there exists a need for refinement to effectively address evolving challenges in the digital trade arena. Key among these challenges are cross-border data flows, intellectual property rights, taxation, consumer protection, cybersecurity, and dispute resolution, all of which demand attention to ensure a robust legal infrastructure.

Efforts to confront these legal hurdles are imperative for India to fully capitalize on the potential of e-commerce in international trade. Confronting these obstacles will not only cultivate an environment conducive to digital economy growth but also bolster consumer trust, fortify competitiveness on the global stage, and propel economic advancement. Successfully navigating these legal intricacies necessitates collaborative endeavors by policymakers, businesses, and stakeholders to formulate cohesive legal frameworks, foster international cooperation, and institute effective enforcement mechanisms. By addressing these challenges head-on, India can cultivate sustainable growth within its e-commerce sector, unlock untapped trade prospects, and fortify its standing in the global digital economy, thereby fueling overall economic development, fostering job creation, and amplifying India's global trade prospects.

Government Initiatives:

Since 2014, the Government of India has undertaken various initiatives such as Digital India, Make in India, Start-up India, Skill India, and the Innovation Fund, with the aim of bolstering the growth of E-commerce in the country. Notable among these efforts is the establishment of the Government e-Marketplace (GeM) on August 9, 2016, by the Ministry of Commerce and Industry. GeM serves as an online platform for public procurement, facilitating transparent and competitive procurement activities for buyers and sellers alike. As of FY23, procurement through the GeM portal surpassed Rs. 2 lakh crore (US$ 24 billion), with over 12.28 million orders processed and 5.44 million registered sellers. To streamline retailer onboarding on e-commerce platforms, the Department for Promotion of Industry and Internal Trade (DPIIT) is leveraging the Open Network for Digital Commerce (ONDC) to establish protocols for cataloguing and vendor discovery. The National Retail Policy, focusing on ease of doing business and digitization of retail, underscores the government's commitment to integrating offline retail and e-commerce.

Additionally, the implementation of the Consumer Protection (e-commerce) Rules 2020 mandates transparency in product listings, including the disclosure of country of origin. Further initiatives, including collaborations with financial institutions like the Union Bank of India for seamless payment systems, and amendments to equalisation levy rules to ensure tax compliance by foreign e-commerce operators, underscore the government's commitment to fostering a conducive environment for E-commerce growth. With increased FDI limits and substantial investments in fiber network infrastructure, the government is poised to propel E-commerce in India to new heights.

Road Ahead:

The E-commerce industry in India has emerged as a transformative force for micro, small & medium enterprises (MSMEs), offering avenues for financing, technological advancement, and skills enhancement, thereby profoundly impacting international trade dynamics. Positioned on an ascending trajectory, India's E-commerce sector is poised to surpass the United States, emerging as the world's second-largest E-commerce market by 2034. Technological innovations, including digital payments, hyper-local logistics, data-driven customer engagement, and digital advertising, are anticipated to underpin the sector's expansion. India's forthcoming introduction of the Open Network for Digital Commerce (ONDC) holds promise to revolutionize the landscape by harmonizing search results across multiple E-commerce platforms, thereby amplifying visibility for MSMEs and catalyzing India's E-commerce surge. This growth trajectory is anticipated to yield multifaceted benefits, including enhanced employment opportunities, augmented export revenues, heightened tax receipts for governmental coffers, and the delivery of superior products and services to consumers, thus engendering enduring prosperity.

REFERENCES

[i] Organisation for Economic Co-operation and Development (OECD), World Trade Organization and International Monetary Fund, 2020, Handbook on measuring digital trade, available at https://www.oecd.org/sdd/its/Handbook-on-Measuring-Digital-Trade.htm (accessed 5 April 2024).

[ii] Transforming our World: The 2030 Agenda for Sustainable Development, United Nations, available at https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda%20for%20Sustainable%20Development%20web.pdf (accessed 5 April 2024).

[iii] India's E-Commerce exports likely to rise to $400 bn by 2030, Rhik Kundu, available at https://www.livemint.com/economy/indias-e-commerce-exports-likely-to-rise-to-400-bn-by-2030-11700216805577.html (accessed 5 April 2024)

[iv] Factors pushing growth of E-commerce in India, available at https://economictimes.indiatimes.com/small-biz/startups/flipkart-snapdeal-and-the-rise-of-indian-e-commerce/articleshow/49954648.cms (accessed at 5 April 2024)

[v] Evolution of E-commerce in India, available at https://www.livemint.com/industry/retail/india-s-ecommerce-market-will-grow-at-27-to-reach-99-billion-by-2024-ibef-11579698319245.html (accessed 5 April 2024)

[vi] Online Marketplace and E-Commerce, available at https://www.trade.gov/country-commercial-guides/india-online-marketplace-and-e-commerce (accessed 6 April 2024)

[vii] Ibid.

[viii] Work Programme on E-Commerce, available at https://www.wto.org/english/tratop_e/ecom_e/ecom_work_programme_e.htm (accessed April 2024)

[ix] https://www.wto.org/english/tratop_e/ecom_e/ecom_e.htm (accessed 7 April 2024)

[x] https://www.wto.org/english/tratop_e/ecom_e/joint_statement_e.htm (accessed 7 April 2024)

[xi] Members exchange information on regulatory and legal frameworks on e-commerce, available at https://www.wto.org/english/news_e/news23_e/ecom_22mar23_e.htm (accessed 7 April 2024)

[xii] Admissibility and evidential weight of data messages (1) In any legal proceedings, nothing in the application of the rules of evidence shall apply so as to deny the admissibility of a data message in evidence: (a) on the sole ground that it is a data message; or, (b) if it is the best evidence that the person adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form. (2) Information in the form of a data message shall be given due evidential weight. In assessing the evidential weight of a data message, regard shall be had to the reliability of the manner in which the data message was generated, stored or communicated, to the reliability of the manner in which the integrity of the information was maintained, to the manner in which its originator was identified, and to any other relevant factor.

[xiii] Available at https://www.wto.org/english/tratop_e/msmes_e/uncitral_240621.pdf (accessed 7 April 2024)

[xiv] [(2010) 3 SCC 1], available at https://main.sci.gov.in/judgment/judis/35946.pdf (accessed 7 April 2024)

[xv] Notification S.O. 4720(E), September 26, 2022, available at: 239378.pdf (egazette.nic.in) (accessed on 7 April 2024)

[xvi] Electronic Execution of Contracts – A step towards Digital India, available at https://corporate.cyrilamarchandblogs.com/2022/11/electronic-execution-of-contracts-a-step-towards-digital-india/ (accessed 7 April 2024)

[xvii] Available at https://newsonair.com/2021/10/15/finance-ministry-pilots-blockchain-based-tracker/ (accessed 7 April 2024)

[xviii] Gaurav Khatiyar, Legal Challenges in Cross Border Transactions Involving Indian Companies, available at https://www.intolegalworld.com/article?title=legal-challenges-in-cross-border-transactions-involving-indian-companies (accessed 9 April 2024)

[xix] Ibid.

[xx] Ibid.

[xxi] Souvik Poddar, Legal Challenges in E-commerce Trade Across the Borders, available at https://axisjuris.com/legal-challenges-in-cross-border-e-commerce-india-china-united-states/ (accessed 9 April 2024)

[xxii] Ashok R Patil, Protection of Consumers in Cross-border Electronic Commerce, available at https://repository.nls.ac.in/cgi/viewcontent.cgi?article=1027&context=ijclp (accessed 9 April 2024)

[xxiii] Supra 21.