Online Arbitration Under The Age Of Electronic Commerce

This paper aims at, connecting the characteristics of the e-business, introducing the present state of online-arbitration as an emerging dispute-solving form, including the legal obstacle it suffers in process of the current development and the relevant feasible solutions.This paper elaborates on electronic business (e-business) as well as its relevant legal problems. Part One is the introduction of the e-business era and the background of the generation of online-arbitration. Part Two sheds light on two questions. First, the objective inevitability and the realistic necessity of the generation of online-arbitration; second, the theoretical influence of arbitration autonomy theory and modern commercial law on online arbitration.The Part One and Two are followed by the introduction of online-arbitration's definition, characteristics, present state and development pattern in the Part Three and Four. Part Fine, basing on the expatiation of basic problems of online-arbitration, makes a further step forward for the analysis of the relevant legal problems as to the online-arbitration and the discussion of the theory of"denationalized arbitration"and the significance of promotion of online-arbitration; in addition, tries to discuss the form and signature problems of online-arbitration suitable to China's practice upon international practical experience. Part Six, which focuses on the value orientation and legal characteristics of online-arbitration and its acknowledgement and enforcement problems in China, is followed by the Part Seven, which analyzes its prospective, including the solution of its stumbling block and the proposition of its development connected with the characteristics of internet in the present legal frame. The final part, not the least important, regards the completion of online-arbitration mechanism and China's co-ordination of relevant arbitration law.