Research On The Legal Issues Of The Online Arbitration Procedure

The rapid development of the Internet has brought opportunities to global e-commerce transactions,coupled with relatively low barriers to Internet entry,which has attracted a large number of subjects to participate in cross-border e-commerce,and this new global trade approach has had a knock-on effect on the number of international disputes.At the same time,the parties often face many difficulties when using traditional dispute resolution methods to resolve disputes in cyberspace.As far as court litigation is concerned,the high cost,the long cycle,and the different degrees of differences between the judicial systems and applicable rules of various countries,for the international commercial transaction subjects,especially those who do not often participate in cross-border commercial transactions,it is the same as "jungle justice".Finally,since the outbreak of neo-crown pneumonia in early 2020,most countries around the world have been affected to varying degrees by the outbreak,with factories in some industries shut down,contracts not fulfilled on time,and international commercial disputes have increased as a result.Because of the epidemic,each country has different entry and exit restriction policies according to its own national conditions,which makes it impossible for the parties to seek a third-party entity solution to the dispute,the parties can no longer carry out face-to-face communication and exchanges between the entities,at least in the short term can not resolve the existing disputes through traditional dispute resolution methods.At this time,the role of online dispute resolution mechanism is highlighted,especially online arbitration,because online mediation and online consultation after all,does not have judicial enforcement force,if you can give full play to the role of online arbitration in the new situation to resolve disputes,will greatly improve the international commercial disputes,especially e-commerce and other small disputes resolution efficiency,so the improvement of online arbitration system in the future.This article is divided into six parts,which are as follows:The first chapter is an overview of online arbitration.This chapter first defines the concept of online arbitration,points out the difference between online arbitration and traditional arbitration;Then,combined with the present situation,the advantages and obstacles of the practical application of online arbitration are analyzed.Finally,on the basis of analyzing the theory and practice of online arbitration,the legal problems existing in online arbitration are summarized,which paves the way for the analysis and settlement below.The second chapter is the analysis of the validity of online arbitration agreements.Effective online arbitration agreement is the prerequisite for initiating online arbitration procedures,this chapter first analyzes the validity of general online arbitration agreement,including formal validity and substantive validity,followed by the special form of online arbitration agreement-the validity of electronic form contracts between merchants and consumers,combing out the current international treatment of this special online arbitration agreement two attitudes,and finally extract the breakthrough point from the general and special,emphasizing the impact of the principle of party equality on the effectiveness of online arbitration agreement.The third is confirmation of the place of online arbitration.This chapter first expounds the function of the online place of arbitration,shows the significance of confirming the place of online arbitration,secondly analyzes the plight and reasons of the current online arbitration place confirmation,and finally summarizes the way of online arbitration confirmation on the basis of summarizing the existing views on the way of arbitration place confirmation.The fourth chapter is the procedural rules of online arbitration.This chapter focuses on the running steps of online arbitration proceedings,including pre-trial preparation activities for online arbitration proceedings,the trial process and the making of the final online arbitration award,based on the difference between traditional arbitration and online arbitration,focusing on the problems that may be encountered in the actual operation of online arbitration proceedings and making suggestions accordingly.Chapter V is the recognition and enforcement of online arbitral awards.Recognition and enforcement of the award is the ultimate purpose of arbitration and a sign that disputes between the parties have been resolved.This chapter first classifys online arbitral awards according to binding force,divides them into binding arbitral awards and non-binding arbitral awards,and analyzes the characteristics of recognition and enforcement of two types of awards.Then,combined with the characteristics of online arbitral awards,the principles to be followed in the recognition and enforcement of online arbitral awards are summarized.This paper analyzes the difficulties in the process of recognition and enforcement of online arbitral awards.Finally,the proposal to solve the above difficulties is put forward,and the recognition and enforcement mechanism of online arbitration award is constructed.Chapter 6 is the relevant content of online arbitration in China.This chapter first introduces the current situation of online arbitration in China,including the status quo of legislation,the status quo of practice and the existing problems,and puts forward some suggestions for the development and perfection of china’s online arbitration system in the light of the actual situation.