International commercial arbitration in cyberspace

Document Type : Research Paper

10.22099/jls.2014.2041

Abstract

In the past, the most common method of commercial dispute resolution was referring to the national courts. But in recent decades, international commercial arbitration to resolve international disputes, among other forms of dispute resolution, is becoming increasingly important. Nowadays, the emergence of new technologies, especially in the global business area, we are watching accelerated communication , so that increased trade and consequently competition on world markets is created the changes in the international trade infrastructure. Currently, the process of globalization demands alternative methods, such as arbitration in cyberspace that is a developed and the modern form of the traditional arbitration. Though the E- Arbitration is the same traditional institution of arbitration and only its application has changed but the only way is to say that the establishment of this new institution raised a variety of legal and technologic issues, including communication tools ,methods of information, hearings , issuing and delivery of arbitration award. The results of this research shows that the creation of this new legal institution and its technical developments in the proceedings , create new conflicts that require applying special rules that demands the effort of experts , international procedure and forming the national rules. In this regard, using the experience of some countries and organizations that have experienced this kind of judgment is necessary.



 

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