Online Arbitration

Electronic commerce has rushed at us in the new age of information. Many organizations around the world have been adopting the electronic commerce concept in the past half decade. Business in net has been a new style to business world. The time-saving character of electronic commerce attracts more and more application. Therefore, the rule of business-dealing, business law, needs changing to be fitted for the new environment To a certain, there are business conflicts in electronic commerce system, online disputes. Here, we welcome a new stakeholder of business system, a new online disputes resolution, online arbitration(OA). As an efficient and convenient solution to online disputes, OA has been showing its advantages of arbitration in net world since its birth. But current OA is facing lots of trouble while it is regarded as the main bough in modem international commercial system. This report discusses OA's advantage as well as its deficiency, and analyzes its characters and program based on OA's application in Europe and America. Besides, the report supplies a possible solution to the law problems .Finally, it suggests a possible development module in the future and a resonable adjust of the arbitration law for China's envirment of OAThere are 5 main parts in this reportThe first part is the introduction. The author defines OA based on 3 main academic concepts of OA and points out its specialty, inevitability and necessity. The author also mentions OA's application history in the world and its history in China.In the second part, having done research, and analysing, the author lists out the following differences between OA and oif-line arbitration . OA faces live complicating factors as it tries to follow the law. 1, the target case; 2, OA's worth-tropism; 3, requirement to opponents; 4, difference of importance; 5, validity of arbitral awards of OA She also gives us a brief knowledge of OA's advantage and limitation.The third part is about the procedual rule of OA Author concludes OA's principal procedure with the information from AAA and the NAF in America, cybertribunal arbitration and WIPO.In the forth part, the author talks about law issues in OA and their solution. It is necessary for OA to be included in modem international business arbitration system. ifit does not, it feces lots possible law conflicts. Author analyses these conflicts in 5 sub-parts, supplies and assesses possible solution based on academic and reality cases. At the end of this part, the author shows out her own academic frame about OASub-part one is about the validity of net arbitral agreement, discussing from the scope of written form and parties' fully assent respectively. About the former, author analyses and comments the current theories and supplies her own idea. About the latter, author inquires the validity of a formatted contract with analyzing shrink-wrap agreement and click-through clause.Sub-part two concerns with the solution to law application of OA On procedural aspect, the author opposes the view of some Chinese scholars, which is there is no difference between online and offline arbitrations. On substantive aspect, she analyzes the principle of the antonym of the parties and lex mercatoria and comments the principle of domestic law.Sub-part three discusses the issue of cyber-arbitration location. The author analyzes and comments the rule of arbitration seat Meanwhile, she proves that the theory of delocalization matches the condition on internet and puts forward her suggestion to improve the theory in order to apply it to OASub-part four is about cost in OA process. While considering the disadvantage of high cost for low-value disputes, the author thinks that OA should keep advantage with low arbitral fee. Besides, she inquires into possible channels to gain foundation to maintain OA service.Sub-part five analyzes the issue of enforcement of online arbitral 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 her suggestion to set up a bi-enforcement system based on web autonomy.In the last part, the author supplies her 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 her own idea in adjusting current arbitration law for OA's development in China.