Issues To Put To Order And Resolve On Online Arbitration

This dissertation is on online arbitration. It makes a scrutiny into the following issues to launch the detailed elaboration by methods as comparative analysis, function identity, empirical analysis and historical research: the analysis comparison to mechanisms and principles of each kind of arbitrations, the contacts and differentiations between online arbitration and conventional arbitration, the contacts and differentiations between online arbitration and other online dispute resolutions, existent issues to put to order on online arbitration and certain control systems of online arbitration. And proposed in this foundation, to overcome the distrust to online arbitration in the people's psychology, the main outlet lies in the solution of the conflict between the need of authenticity of online arbitration behavior and its participants, object and legal result, and hypothesis of cyberspace. This dissertation consists of 3 parts of 4 chapters, besides the introduction and conclusion, about 47,000 words.The introduction part mainly proposes on the most main issues of the existent systems on online arbitration and the author's research mentality.Chapter 1 introduces the outline of online arbitration, mainly analyzing the related concepts, analyzing the differences and similarities between mechanisms and principles of each kind of arbitrations(including the local commercial arbitration, the local administrative arbitration, the international commercial arbitration and the international arbitration),the classifications of online arbitration, the history development of systems on online arbitration and etc..Chapter 2 introduces legal characteristics of online arbitration, through discussing the contacts and differentiations between online arbitration and conventional arbitration, the contacts and differentiations between online arbitration and other online dispute resolutions, with the hope to carry out explicit define of online arbitration.Chapter 3 puts existent issues on online arbitration to order, mainly inducing to the three aspects: one is the problem whether or not online arbitration is one kind of brand-new solution way, which first hits up and should be resolved when issues of online arbitration are being studied. Two is the problem about procedures of online arbitration to order, including the problem whether or not online arbitration belongs to virtual procedures, the problem whether or not online arbitration is the only form international commercial arbitration turns into, the problem whether or not online arbitration is the only form the organization arbitration turns into and the problem whether or not the proper procedure that online arbitration requests to exhaust the network tools and the network management. Three is legal issues to order when procedures of online arbitration will be turning, including the problem whether or not online arbitration only takes the online arbitration agreements (provisions) as the jurisdiction basis, the problem whether or not the online arbitration agreements or the online arbitral awards satisfy the related requests of conventional arbitration, the problem whether or not the place of arbitration is vacant and the problem whether or not the related national courts should give up the judicatory superintending on online arbitration.Chapter 4 mainly discusses certain systems'designs going with the procedures of online arbitration. In order to earn the trust of the people, also to obtain the approval from various countries' courts, insuring the online arbitral awards to have the same authenticity and reliability as the conventional arbitral awards, the writer puts forward to three main necessary systems'designs that go with online arbitration. One is the design of control system for online arbitral websites, two is the design of system for online arbitrators, three is the design of system for the submission and forwarding of online arbitration documents and digital process via.The conclusion part puts forward to that the solutions of the conflict between the need of authenticity of online arbitration behavior and its participants, object and legal result and hypothesis of cyberspace, lie in carrying out the authenticity of the websites of online arbitration, online arbitrators, the reliabilities of each kind of processing and exchanging of information, each kind of handing over and delivering of arbitrament clerks and proof datas and the procedures of online arbitration, with the hope to link up online arbitration and the related requests from the physical world after inducing the summary to the full dissertation.