Recognition And Enforcement Of Arbitration Award Of International Commerce Online Arbitration

The digitization and networking brings more opportunities and challenges for societywhen human beings enter in the information and networks times. Electronic commerce, e-government, virtual community etc. have changed the operation mode and way of act. Thespecific properties of network transaction, such as non-face-to-face, virtual, make many unsafe factors of online transactions exist and also the sharp increase of transaction dispute.Thereupon, the network technology and traditional arbitration have a positive interaction which fused into a new efficiency and quick method—Online Arbitration.This article attempts to present legal problems of recognition and enforcement ofonline arbitration award in the reality and put forward the solution. The structure of thepaper is as follows:Chapter1introduces the outline of online arbitration, online arbitration is a disputesettlement system which refers to the main procedure of arbitration conducted online.Chapter2, Chapter3, Chapter4analyze different obstacles and possible solutions ofrecognition and enforcement of online arbitration award. It is include the written form ofonline arbitration agreement, the determine of the place of online arbitration, the fairnessof online arbitration procedure. Arbitration agreement concluded by the exchange ofelectronic messages is in accordance with the function of traditional written form, Ingeneral, as long as the Electronic message after exchanged both sides represent that themutual recognition, and does not need to be signed. For the place of onlinearbitration’vacancy, the most effective solution way is to combined The principle ofautonomy and the closest contact doctrine. While the fairness of arbitration procedures, aslong as giving the parties ‘proper notice’ and ‘opportunity of full statement’ that isconsistent with due process. Chapter5discussed and imagined enforcement modality of online arbitration award,the best way is to establish a enforcement mechanism like <convention on the settlementof investment disputes between states and nationals of other states>, which requires thejoint efforts of the whole society.