Research On Online Arbitration Jurisdiction

As the flourishingly developing of electronic commerce, online dispute becomes is gradually increasing. Online Dispute Resolution, referred to as ODR, which is fast, effective, cheap etc. are well received by the parties and get the affirmation of the market. By making full use of Internet technology, online dispute handles and exchanges the information among the arbitration institution, arbitrator and the parties, submits and passes the documents and evidences, In as far as possible, without prejudice to its original connotation, message processing and exchange of traditional paper-based instruments by electronic means instead of through the Internet, digital, in order to achieve a "paperless arbitration." At present, China’s arbitration practice mainly in the domain name dispute settlement.Consequently, limited by the international commercial area, this article is about to research the online arbitration jurisdiction. By the Analysis and demonstration of the basis and scope of online arbitration jurisdiction, this made recommendations to improve online arbitration system of jurisdiction of our country. The structure of the article is divided into three chapters.The first chapter, the arbitration agreement, which is the foundation of the online arbitration jurisdiction. Firstly, I analysis that the online arbitration agreement in writing and sighed as the effectiveness requirements. Secondly, I investigate the validity of the online arbitration agreement, which is " parties are qualified, the parties expressed their true meaning consistent, arbitration agreement is effectiveness when the electronic error appears". Finally, it expounds application principle of the Applicable law of arbitration agreement.In Chapter two, dispute matters, which is in the area of online arbitration jurisdiction. This part completely analysis the arbitration of dispute matters, take the domain name dispute resolution and EU B2C electronic dispute resolution for instance, introduces the area of online arbitration practice in nowadays, at the same time, compare with the choose between the rise of ODR and the online arbitration. And commence a law and economics analysis to online arbitration exercise of jurisdiction. In the third chapter, about to improve the proposal of online arbitration jurisdiction system in our country. This part make the starting point with the current legal framework and institutional rules, and abstract and conclude the deficiency of our online arbitration jurisdiction system, moreover, it suggests structure from two aspects,which both external environment improvement and the interior of the matching law.