On Legal Issues Of Online Arbitration

This dissertation is on online arbitration. It makes a scrutiny into the following issues by methods as historical research, comparative analysis, and empirical analysis: the concept of online arbitration, the seat of online arbitration, online hearing, and online arbitration award. This dissertation also discusses the limitation of our current legislation on arbitration and puts forward some suggestions to promote it. This paper consists of 6 chapters besides the introduction and conclusion, about 80,000 words. Chapter 1 introduces the concept of online arbitration, the reasons for its origin and development, and what challenges it brings to the traditional arbitration institution. The challenges mentioned above are also the problems to be discussed in chapter 2 to chapter 5.Chapter 2 mainly discusses the effectiveness of electronic arbitration agreement. In this chapter the following issues are observed: the validity of data telegram text and electronic signature, the capacity needed to sign an arbitration agreement on Internet, the capacity of electronic agent, electronic mistake, and the validity of arbitration clauses enclosed in electronic form contract.Chapter 3 discusses the seat of online arbitration. This chapter argues that it is infeasible to adopt"the denationalization theory"and"the seat of arbitration theory"should be adopted to resolve the problems arising...