Legal Issues Of Online International Commercial Arbitration

The birth of the Internet have profound impact on the world. With the popularity of the Internet, various types of e-commerce are emerging Continuously. We can conduct E-commerce regardless of time, place, across national boundaries, legal systems. Production of commercial transactions to the traditional model and business model has not only brought a revolutionary change, but also have affect on the traditional dispute settlement challenges. How to deal with this change, an efficient and inexpensive arbitration-online commercial arbitration Xiaguang burst on the scene.After Online International Commercial Arbitration (hereinafter referred to as online arbitration) generated, It has aroused a theoretical community and the practitioners of great concern. Online arbitration combine traditional arbitration and Internet technology and "move" all aspects of arbitration on the network, Online arbitration make e-commerce online arbitration to resolve disputes efficiently. The emerging online arbitration is still at the exploratory stage, there have been institutions, colleges and universities implemented, Some make the successful try, whereas some failed.This artica combined the traditional arbitration theory will make a preliminary analysisl on the problems faced by online arbitrationon and Propose the resolution of these issues.This paper concludes with how to develop China's online arbitration conducted a study to bring about in practice.Beside the introduction and conclusion, the main paper is divided into five parts:The first part briefly elaborated the emergence and practice of online arbitration; Defined the definition of online arbitration; Analyzed the strengths of online arbitration and the causes of the online arbitration status.The second part is an online arbitration agreement. In this section the writer first analyzes the traditional definition of arbitration agreement and the Elements, and then use comparative analysis approach, We can see that the on-line arbitration agreement basically meet the requirements of traditional arbitrational agreement in comparison with the traditional arbitration agreement.For the incompatible the writer put forward his point of view. The third part is the place of the on-line arbitration. The question who to determine the place of the online arbitration "floating" in the physical space is in relation to the nationality of online arbitration. In this part combining a number of perspectives, we can see that the arbitration of the seat theory is best to confirm the nationality of online arbitration theory. The fourth is the recognition and enforcement of arbitral awards on the Internet. There is very few successful cases on Online recognition and enforcement of arbitral awards in the international context.the writer try to solve this problem from two ways--network model and traditional model.The fifth part is China's on-line arbitration. In this part the writer described the development of online arbitration in China,analyzed the reasons for this situation and put forward solutions.