| With the rapid development of internet and E-Commercial, online international commercial disputes have occurred consequently. But because internet is virtual and non-national, the traditional international commercial arbitration cannot satisfy the need since online international commercial disputes have many characters different from the traditional international commercial disputes, and more and more related legal issues have been taken place. Therefore, a new dispute solution of online international commercial arbitration is mentioned by many scholars. The thesis is divided into five chapters, through the analysis of the online international commercial arbitration's essence, the present legal development and the related legal issues, the author thinks that the online international commercial arbitration has the same essence with the traditional international commercial arbitration, it can solve the legal barrier through extending explanation and displacing the theories of the present related law.The preface mainly analyzes how internet affects the international commercial arbitration, and then draws forth the new dispute solution of online international commercial arbitration.The Chapter I mainly analyzes the essence of the online international commercial arbitration, and then introduces some typical online international commercial arbitration projects at present.From Chapter II to IV, the online international commercial arbitration has been divided into three parts, such as online international commercial arbitration agreements, the place of arbitration, arbitration award, and analyzes the related legal issues respectively. The part of the agreement to arbitration mainly analyzes the written problems and the related law supports; the part of the place of arbitration solves the missing problem of the online international commercial arbitration place through using the de-nationalization theory; meanwhile, if the de-nationalization theory is not accepted by people, the autonomy of will and the closest connection can also be used to assure the online arbitration place; finally, at the part of the recognition and enforcement, the author thinks that the online international commercial arbitration award would be recognized and enforced by the New York Convention.The Chapter V mainly introduces the appraisal and the legislation of online international commercial arbitration system. The author thinks that online international commercial arbitration will be an irreversing and advancing process. And we can speed up to practise the projects through extending explanation and displacing the theories of the present related law. At the same time, the author analyzes the present legal state of our country, and concludes that there will be no any barrier on legal and technical in our country, and then pointes out that the solution to practise the online international commercial arbitration in our country. |
