Background and Aim: In the discussion of determining the competent court in commercial contracts, but in electronic contracts, since the parties trade in cyberspace, this issue faces a serious challenge. Based on this, the purpose of this article is to examine the competent court in electronic contracts.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that there is no provision in the subject laws of Iran and the electronic commerce law approved in 1382 regarding the competent court in electronic contract lawsuits. Therefore, the legislator's silence has doubled this challenge. In determining the competent court in claims arising from electronic contracts, in criteria such as place of residence, place of residence, location of branch or agency, headquarters of the company, to determine the court Saleh applies; However, the lack of physical nature of the cyber space and in some cases the traded goods causes doubts in the way of applying traditional rules in the cyber space.
Conclusion: After examining the available factors, it is necessary to "assume" a place as the place of performance of obligations, considering that electronic contracts do not have a physical nature and the place of execution of the contract is not certain.