Online Arbitration Preliminary

The online disputes have arisen as the popularization and development of the network and the e-commerce. The carrier of the 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. This article, which consists of six parts, aims to outline an ideal pattern of the online arbitration through the analysis of the definition and the legal issues concerned. Meanwhile, the author wishes that the research into the direction and pattern of Chinese online arbitration would have some leading points for future practices.The article consists of six parts, concerning the definition and pattern of the online arbitration, the nature and the law application of the e-arbitration agreement, the law application of the online arbitration, the delivery of the awards, the recognition and enforcement of the awards and suggestions of the refinement of the online arbitration.The first part mainly introduces the definition and the pattern of the online arbitration. The development of the electric and network technology has a great effect on the international commercial arbitration, and hence brought the new pattern of arbitration named online arbitration in to being. The online arbitration is still in the process of self-perfection, however, the existing patterns of the online arbitration have met its development and will satisfy people' s need with the development of the network.The issues from the second part to the fifth are separately concerned about the nature and the law application of the e-arbitration agreement, the law application of the arbitration, thedelivery of the awards and the documents concerned, the recognition and the enforcement of the awards and the author has also made a deep analysis of the existing problems in the four stages respectively. The determination of the nature of the online arbitration mainly discusses the nature and the legislative support concerned based on the non-paper theory. The law application of the online arbitration mainly concerns the procedure and substantial issues as well as bringing forward some suggestions. The analysis of the delivery is mainly about the effectiveness of the electric delivery and proves the feasibility of the electric delivery and how to make proper use of it in practical field with the development of the Hague Service Convention 1965. In the part of the recognition and enforcement, the author has brought forward some assumptions of the ideal mechanism of the enforcement according to the analyses of the reason why an online awards will not be recognized and enforced in the New York Convention?The sixth part concentrates on the suggestions about refinement of the online arbitration. Which is not only a new way of dispute settlement but a creature suitable for the network tendency and there is no doubt that it will have a broader prospect. The acceptance by the public of the online arbitration will still have a period of development and perfection from the point of practices in some countries; however, it is worth looking forward as a dispute settlement of mainstream. The final part has also out looked the prospect of the online arbitration. There is a lack not only in the practices but also in the academic discussions about the online arbitration in China except the dispute mechanism of the domain name. The author suggests that we could imitate the practical programs mentioned in the first part in order to outline the online arbitration of Chinese style.