Legal Issues On Online Arbitration

Due to the increasing use of the computer and internet worldwide, the international community has changed a lot. The number and complexity of online disputes is on the arisen. It is really a big problem that how to resolve these disputes. Among several disputes resolution system, the try using internet technology has on its way.As one of the ODR, the online arbitration has attracted more attention from the academic field and practitioners. On the basis of traditional arbitration, this article will mainly talk about it ,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 parts in the article, and the main points are as follows:The first part mainly introduces the definition and practical exploration of the online arbitration. In this part, the author mainly analyzes the possibility of the development of online arbitration and the great effect on the international commercial arbitration. And also, the author enumerates several pattern of online arbitration and gives a brief analysis on their advantages and disadvantages.The issues from the second part to the fifth are about several legal issues of online arbitration. Chapter 2 mainly introduces the electrical form of online arbitration agreement, and then analyzes its effectiveness and legislation support.Part three concentrates on the issue of"seat of arbitration". The"seat of arbitration"is the core of the international commercial arbitration system. It is the precondition of dealing with other issues arising out of online arbitration. In this part, the author analyzes Denationalized Arbitration, and suggests that we can use this theory to fix on the problem of vacuum of the place of online arbitration.Part four introduces the basic characteristic and content of the procedure of online arbitration, and makes some adjustment to some special procedure.Part five concerns with the recognition and execution of online arbitration awards. The author discusses the traditional model and the web autonomy model, and suggests combining these two methods together.In the last part, the author reveals the development of online arbitration in our country, and affirms its value and function. Besides, the author gives her suggestion to OA's development model and legislation in China environment.