| Faced with high volume and low value cross-border disputes arising from e-commerce, the traditional dispute resolution appears to be inadequate, Online Dispute Resolution (ODR) emerges at the right moment. Compared to contractual results of non-adjudicative ODR mechanisms, and inherent lawsuit limitations of online court, online arbitration is an effective and de-territorialized third way, with the most promises for dispute resolution in cyberspace. On the one hand, binding online arbitration not only shares advantages all ODR mechanisms have, such as fast speed, low cost and high professional, but also becomes the most promising ODR mechanism, for its executable result. On the other hand, while non-binding arbitration overcomes legal obstacles faced by binding arbitration, it resolves the question of result implementation by virtue of self-enforcement. However, the development of online arbitration has not reached a mature stage, there are still a lot of legal issues to be resolved. Based on exploring online arbitration practice, this article researches and analyses legal issues and development direction of binding online arbitration, in terms of "arbitration agreement-arbitration procedure-enforcement of arbitration award". Through exploration of the legal characterization and unique self-enforcement of non-binding online arbitration, this article recognizes that non-binding arbitration provides a new era for dispute resolution in e-commerce, and occupies the leading position in online dispute resolution. At present, online arbitration in China is still in its infancy, it still can not meet the rapid development of e-commerce. So this article refers to the relevant theory and practical experience, and provides constructive advice for the further development of online arbitration. |
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