The Acceptance And Enforcement Of Online Arbitration Award

The development of modern international economic trade needs to adapt the method of dispute resolution. With rapid development of e-commerce, the traditional International Commercial Arbitration is bound to meet the actual needs, so a lot of online dispute resolution methods are formed in practice. Online arbitration has become one of the most important resolution methods. It is characterized by speed, efficiency, flexibility and economy .But the special legal issue, occurring in practice, has become an obstacle to the development of online arbitration. There are many legal obstacles in practice and needs to be resolved theoretically, even in those countries where the online arbitration is better implemented. Many scholars at home and abroad are actively studying and exploring the special legal issues involved in the practice of online arbitration for the improvement and development of this new type of arbitration method. There are four chapters in the paper specifically as follows:The first chapter demonstrates online arbitration that is defined legally. Online arbitration is originated and develops on the basis of traditional international commercial arbitration. However, there are many differences between them. Online arbitration is a new type of dispute resolution method which uses the Internet technology to provide professional knowledge and arbitration services. The major link of its procedures is conducted on the Internet. Firstly, we analyze it in the traditional framework of international commercial arbitration; next to it is research the special legal issues of online arbitration, by using the unique legal value of online arbitration as the main line, legal analysis and comparative law method are used to conduct feasibility studies, discussed in legal interpretation and legal reasoning.The second chapter analyses the major legal obstacle to online arbitration and the exclusion. As a form of online data arbitral awards, there are still some obstacles in the obeying of the "New York Convention" within the scope of international acknowledgement and implement. Firstly, the legal validity of the arbitration agreement is found online. Whether the digital form can satisfy the condition of the arbitration agreement on international commercial arbitration agreements traditional should be in written form? To meet the needs of online arbitration, it should expand the interpretation of the written request, which is stipulated in article 2, paragraph 2, in the "New York Convention". The provisions of the "exchange of letters or telegrams" for the expanded explanation EDI are formed to cover the Internet through arbitration agreement. Moreover, it not only does violate the purpose of the "New York Convention", but also chooses arbitration to resolve their mutual respect for the dispute. Online arbitration agreement with the digital signature requirements for the signing of the "New York Convention", in essence, is the problem of legal interpretation. It is the same with written signature, digital signatures also have the two basic functions to confirm the identity of the signer and authenticate the content of the documents that have been signed. Some relevant international documents and the e-commerce legislation and the law on electronic signatures, electronic signatures, give the same power with the traditional signature legal effect. Secondly, to determine the active place of online arbitration, online arbitration determines how the "arbitration" affects the physical world so that the law is applicable to arbitration awards given to online arbitration and enforcement effectiveness? According to the theory and practice of arbitration, it has been recognized and adopted by the "arbitration on the Block" on the virtual online arbitration law Treatment propose the arbitration to legal arbitration online in a virtual manner. The parties may be free to consult in the absence of agreement by the arbitral tribunal with the principles of convenience to both parties confirmed.The third chapter illustrates the acceptance and enforcement of online arbitration. Like the traditional enforcement of arbitration awards, Internet enforcement of arbitration awards also distinguish between "ruling the country" and the implementation of the "foreign countries" in the recognition and enforcement. Online arbitration awards "to make a decision" on the implementation is relatively easy to obtain. Because of arbitral awards made in the country as its ruling within the country, online arbitration award with the decision made to the country will have to make a ruling on the implementation procedures for the implementation of the junior ruling. The key issue is online arbitration award in the "foreign countries" in the recognition and enforcement. Firstly, we shall authorize the online arbitration ruling that belongs to the adjusting scope of the "New York Convention". As long as "The Block arbitration" can be applied to online arbitration, the arbitrator for arbitration of legal online virtual processing, will be able to determine the arbitration online arbitration, so that country-specific online arbitration by the arbitration proceedings actually. Online arbitration pertinent to arbitration procedure and the same ruling with conventional arbitration awards naturally belong to the "New York Convention". Secondly, whether the electronic forms of online arbitration meet the conditions formulated in "New York Convention"? Online arbitration agreement has the same power like the requirement of written form in accordance with the principle of functional equivalence. Traditional forms of data meet the arbitration award decision in written form and "originality". Theoretically, electronic signature technology also can be used to form the arbitrator or the arbitral award in such arbitration ruling on electronic Signature, and its function with the traditional paper-based decision by the arbitrators and arbitration agencies jurisdictions with a handwritten signature identity. Signed by law should be recognized as legitimate. Finally, a party can invoke Article 5 of the "New York Convention" provided no reason to stop the enforcement of arbitral awards online Recognition and Enforcement of the decision, with no distinction between the traditional international commercial arbitration. Online arbitration ruling refused to recognize the existence of the "New York Convention" on the subject to the award.The fourth chapter discusses the mode of enforcement of online arbitration awards. Non-national arbitration theoretical aims at, as far as possible, respecting for the parties to maximize the use of arbitration proceedings and arbitration rules of autonomy. In essence, the theory of non-national arbitration proposal is consistent with the online arbitration. The Internet seeking court recognition and enforcement of arbitral awards have no power on any country's legal system. No country has the right to the court to exercise its oversight and avoidance. Only the recognition and enforcement of its courts can exercise the necessary judicial supervision and make enforcement of arbitral awards in recognition of the award. Different from traditional methods, enforcement of online arbitration is applied to the court for recognition and enforcement of awards is not the best choice. If online through automatic enforcement of arbitral awards can be a better solution model online dispute. Internet, through self-monitoring, self-regulating, encourages and enables clients to consciously perform online arbitral awards. We can draw encouragement and implementation of automatic control mechanisms to achieve self-executing online automatic enforcement of arbitral awards.From the whole abstracts we can conclude that though domestic and international arbitration law providing for the recognition and enforcement of arbitral awards online still have some legal obstacles, but these factors cannot conform substantive obstacle on the recognition and enforcement of online arbitration. Moreover, the legal issues are being resolved step by step. With the development of arbitration theory and perfection of arbitration legislation, online arbitration can achieve recognition and enforcement world widely in accordance with the "New York Convention".