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Online Discussion On Arbitration Law

Posted on:2007-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q H WuFull Text:PDF
GTID:2206360182990754Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of the technologies, the internet brings us many conveniences. At the same time, it also impacts on our traditional legal system. On the dispute resolution side, the online arbitration appeared. Online arbitration could also be called cyber arbitration. Recently, on the research of the law practices and theories, people pay more and more attention to it. On the basis of the traditional arbitration theories, this article will mainly talk about it therefore. There will be 5 parts in it.The first part is the online arbitration summary. On the basis of the research of the conventional arbitration legal system, this chapter summarizes the definition of the online arbitration. Then, it analyses the character of the cyber arbitration. In the meanwhile, according to the background and the status of the dispute resolution system, this chapter summarizes the origin and the corresponding practices of the online arbitration.The second chapter mainly analyses the online arbitration agreement. Firstly, from the definition and function of the agreement, it analyses the effective elements. On the above-mentioned basis, it defines the online arbitration agreement. Then, it talks about the party qualification and the form of the agreement. Especially, it emphasizes the subscription and the effectiveness issue of the online arbitration agreement.The third part mainly talks about the place of online arbitration. In the arbitration system, the seat of arbitration is very important. So, this chapter firstly tells the definition, status and function of it. Then, on the side of the seat of arbitration, this part pays more attention to the difficulties the online arbitration faces. In the end, this chapter summarizes some resolutions on the above-mentioned difficulties. The forth chapter discusses the procedural problems of the online arbitration. First, from the particularities of the online arbitration, it talks about the corresponding issues of the making and service of the arbitration documents. Then, it does some research on the application of the substantive and procedural laws. Lastly, this part analyses some issues of the online arbitration organization and arbitrator. The fifth chapter pays more attention to the recognition and implementation of the online arbitration awards. Because of its particularities, this issue seems more complex. So, the chapter mainly analyses some related international conventions about the online arbitration awards and gives some suggestions on such issues.
Keywords/Search Tags:Arbitration
PDF Full Text Request
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