Recognition And Enforcement Of Arbitration Awards Of International Commerce Online Arbitration

Becourse of rapidly developing of network technology, a lot of electronic business have emerged. With considering convenient and efficiency factors, most of the traders chose to trade by using network. This fast and convenient form of transaction is not only bring convenience to transaction, but also bring some problems that are not appear in traditional transaction. For example, whether the signature in contract includes electronic signature. In order to pursuiting efficiency, traders chose online dispute resolution mechanism to solve electronic transaction disputes. Online dispute resolution mechanism include online mediation and online arbitration, it's a new form of dispute resolution in international community in nowday. It attracted a lot of attention of people. Compearing with online mediation, Online abitration is more popular and many country have set up online arbitration institution. But there have not uniform rules in the world to stipulate the recognition and enforcement of arbitration awards. So, this article combine theory with practice, analying difficult problem that accuring in process of recognition and enforcement of arbitration awards by using the comparison analysis, historical analysis and case analysis, and puts forward the corresponding solutions.This article elaborate the characteristics of online arbitration and the concept of online arbitration by comparing with traditional international commercial arbitration. In time line, elaborating the development tendency and prospect of online arbitration. Determining the importance of the place of arbitration in process of recognition and enforcement of online arbitration. By basing on various theories, proposed to the principles and basis to determine the place of arbitration to solve the uncertain of the place of arbitration in process of recognition and enforcement of online arbitration. By analying the existing rules and case, using expand explanation of an international treaty, to solve recognition efficacy of electronic arbitration agreement, electronic arbitral award and electronic signatures, which encountered in the recognition and enforcement of arbitration awards. Comparative analysis of various execution modes, puts forward the idea of execution patterns. Finally, analying defects of online arbitration provisions in chinese existing rules of arbitration , and puts forward improvement.