Recognition And Enforcement Of Online Arbitral Awards

The rapid development of the Internet has brought great change in people’s dailylife and the way of transaction. The e-commerce has emerged and developed eversince. In the present society that relies heavily on the Internet, B2C e-commerce is notonly a fashion, but also a basic need in daily life. This change has led to economicdevelopment and a convenient life, more importantly, disputes arising frome-commerce. B2C e-commerce is characterized as small-value, large quantity andvirtual, thus, the traditional ways of dispute resolution, like litigation and arbitration,are not suitable for it. Along with the development of e-commerce, online disputeresolution (ODR) came into being, in which the online arbitration is a fair, fast andeffective. However, the award of online arbitration faces many obstacles inenforcement according to New York Convention, for instance, B2C dispute is notarbitrable in the legal systems of some countries. Therefore, it is necessary to set up adispute resolution mechanism specific to B2C dispute, which is non-bidding onlinearbitration.This thesis is divided into four parts. First, make an introduction of onlinedispute resolution, online arbitration and B2C online arbitration. Second, elaborateobstacles in enforcement of B2C online arbitration award, such as arbitrability, formof arbitration agreement and seat of arbitration. Third, come up with a possible way ofB2C dispute resolution–non-binding online arbitration which harbors professionalprocedure of arbitration and is free from enforcement obstacles in New YorkConvention. Fourth, demonstrate conception of further development of non-bidingarbitration. There would be a global B2C e-dispute resolution center, which containsboth arbitration and enforcement, and provide professional services to customers.