The Research On The Place Of Online Arbitration

Arbitration as a solution to international civil and commercial disputes ways and means, in the international context has been widely applied. With the rapid development of Internet technology and international e-commerce technology, the new interactive way has brought a lot of disputes with new features, which makes online arbitration came into being. This new way of arbitration take the high-tech communications equipment as a medium and bring the arbitrators or parties from different regions together. This new way of dispute resolution, most of the links are on the internet. Almost no specific physical space, the place of online arbitration also appeared in "vacuum" phenomenon. But that doesn’t mean determine the place of arbitration is irrelevant, on the contrary in international commercial arbitration in the traditional role of arbitration in the online arbitration is equally important. Such as the place of arbitration to decide the entire arbitration proceedings shall apply the laws, also determine the manner in which the local court of arbitration shall be subject to judicial oversight procedures, more important is the nationality of arbitral awards but also by the arbitration decision, which to some extent is likely to affect the final arbitration award are able to get the relevant national recognition and enforcement. Thus, both in traditional international commercial arbitration or online arbitration, the place of arbitration to determine the problem can not be ignored. The place of arbitration on the determination of de theoretical line is also not uncommon, But with the current development status of online arbitration and national practice is easy to see the existence of these theories are non-negligible drawbacks, whether online arbitration shall be determined in the manner in which is still worth exploring.In China, online arbitration is still a new thing, the development of a relatively short time, and without a system of rules to follow. About online arbitration provision also appears only in a small number of institutional arbitration rules of the arbitration among the issues for arbitration to determine our country even with international common practice there are still contradictions, which to some extent, the development of China’s online arbitration form no small obstacle. So our arbitration law accordingly revised and improved, so that the emergence of new arbitration law in the form of questions to be resolved is essential.Therefore on the basis of the analysis of online arbitration basic theory, this article specifically discusses on the determination of the place in the process of online arbitration. This article is divided into four sections for analysis:The first part mainly explains the basic concepts, including online arbitration definitions, characteristics, and definition of the place of arbitration, the roles and trends.The second part analyzes the theory about place of arbitration in online arbitration. Firstly by the analysis on generation, contents and practice of delocalized arbitration theory, it points out the drawbacks of the theory, and then discusses the international existed theory of the arbitrator location, the server location, and the website owner location.The third part analyzes the obstacles to determining the online arbitration and causes of obstacles, which puts forward the method of determination of online arbitration, in which the author mainly discusses that by the use of party autonomy and the principle of the closest connection to solve the determination of the place of arbitration.The fourth part combined with the current development of online arbitration status and practical experience in China, puts forward legislative proposals for online arbitration place in the Arbitration Law.