Online Arbitration And Its Legal Issues

Electronic commerce has rushed at us in the new age of information. The online disputes have arisen as the popularization and development of the network and the e-commerce. The carrier of commercial trades based on the hi-tech electric network determines that the parties involved in this kind of disputes belong to different nationalities, which is incompatible with the traditional dispute resolution system. Against this background, as one of the ADR, the online dispute resolution system comes into being. Particularly, the arbitration on line has attracted more attention from the academic field and practitioners. On the basis of the traditional arbitration theories, this article will mainly talk about it therefore, and aims to outline an ideal pattern of the online arbitration through the analysis of the definition and the legal issues concerned. Finally, it suggests a reasonable adjust of the Arbitration Law for China's environment of Online Arbitration.There are 6 main parts in the article.The first part is the online arbitration summary. The author defines OA based on 3 main academic concepts. On the basis of the research of the conventional arbitration legal system, the author analyses the character of online arbitration. In the meanwhile, according to the background and the status of the dispute resolution system, the chapter summarizes the origin and the corresponding practices of the online arbitration.The second chapter mainly analyses the online arbitration agreement. Firstly, from the definition and function of the agreement, it analyses the effective elements. On the above-mentioned basis, it defines the online arbitration agreement. Then, it talks about the party qualification and the form of the agreement. Secondly, this chapter analyses the electronic signature problem of the online arbitration agreement.The third chapter mainly analyses the law application of the online arbitration. The chapter does some research on the application of the substantive and procedural laws.The fourth chapter mainly talks about the place of online arbitration. In the arbitration system, the seat of arbitration is very important. So, this chapter firstly tells the definition, status and function of it. Then , on the side of the seat of arbitration, this part pays more attention to the difficulties the online arbitration faces. It is the opinion of this thesis that the practical and feasible solution for the place of arbitration in online arbitration is the legal virtualization of the place of arbitration, according to"the seat theory", with the virtualized legal location as the place of online arbitration.The fifth chapter analyses the issue of recognition and implementation of online arbitration awards. The author lists out the reason that it is improper to enforce OA awards within the frame of New York Convention; the possibility with only internet autonomy; and his suggestion to set up a bi-enforcement system based on web autonomy.In the last part, the author supplies his suggestion to OA's development module and legislation in China environment. The author also lists out the necessary requirement to set up OA law system and his own idea in adjusting current arbitration law for OA's development in China.