Research On Online Arbitration Agreement

With the development of network technology in the world,the transaction has been undergoing tremendous changes.People deal with things through the Internet.Online transaction has become the main way of modern international trade transaction.At the same time,the legal risks and legal disputes coming behind the online transaction,and the traditional arbitration method can not meet the needs of online dispute settlement.Finally,online arbitration has become the product of the times.This paper will be divided into four parts to analyze the legal issues in the online arbitration agreement.The first part mainly introduces the arbitration agreement under the development of network arbitration.Analyzes the background of the network arbitration and its development process,and then points out that the problems which encountered in the process of online arbitration.The second part mainly analyzes the form of online arbitration agreement,including the written form and signature requirements which required in the New York Convention.The principles of functional equivalence and the legislative background will be the key problems which need to be researched.The third part mainly introduces the substantive validity of online arbitration,such as the subject qualification of the parties and the effectiveness of the online arbitration agreement.The last part analyzes the current attitude of China about online arbitration agreement and its development prospects.