| Internet boom represented by network has greatly changed the living condition of human society, every aspect of society has been greatly changed .In the economic field , e-business appeared and grew rapidly, followed by a large number of e-commerce disputes; in the legal field online dispute resolution ODR appeared. As one of the ODR, Online arbitration is also beginning to receive wide attention, but it also faces many legal issues. To this end, this article sets online arbitration as research object. On the basis of the traditional arbitration theories, this article will mainly talk about the generation, development and legal issues of online arbitration so as to re-locate online arbitration and benefit the development of online arbitration in our country. This article is divided into five parts; the main contents are as follows:The first chapter is an overview of online arbitration. This chapter first defines the current academic views on online arbitration, and attempts to redefine the meaning of online arbitration and its characteristics, advantages, disadvantages and classification were analyzed. Meanwhile, the background of online arbitration was analyzed; technologies which online arbitration was depended and practices related to online arbitration were conducted and summarized.The second chapter discusses online issues related to the arbitration agreement. This chapter from the traditional definition and function of the arbitration agreement analyzes the elements of an effective arbitration agreement. On the basis of the online arbitration agreement, the party's qualification problem, online arbitration agreement form problems, online arbitration agreement of the electronic signature are discussed in this paper. In particular, this chapter from theoretical and empirical Angle to deeply discuss the written forms problems of online arbitration agreement.Chapterâ…¢discusses the place of online arbitration. In the traditional system of international commercial arbitration, the seat of arbitration is very important. So this chapter firstly tells the concept,function and status of the seat of arbitration . Then it leads to the problem of confirm the place of the online arbitration and review current views on the confirm of the place online arbitration. Finally on the basis of the existing point of view, this chapter put forward the option of confirming the place of online arbitration is according to the rule of autonomy and the place of arbitration shall be determined by the arbitral tribunal having regard to the most significant relationship principle of the case.Chapterâ…£discusses the online arbitration procedures and the online arbitration award for the recognition and implementation. This chapter started from the particularity of online arbitration, discusses the online arbitration procedure on the basis of of the existing online arbitration rules, and then analyzes the online recognition and enforcement of arbitral awards issue. This chapter with the relevant international conventions on non-recognition of arbitral awards online and analyzed the reasons for not implementation and proposed the solution of online arbitration, while another implementation of online arbitration mechanism was discussed.Chapterâ…¤based on the foregoing analysis, it briefly introduces the development of online arbitration in our country, affirmed the arbitration practice of the online arbitration, and then puts forward some suggestions from legal perspective, technical aspects and positioning of online arbitration to the development of online arbitration. |
PDF Full Text Request