Study On The Affirmation Of International Commercial Arbitral Situs In Online Arbitration

With the development of Economics,and the progress of technology, and the universal of computers,or the popular of Internet and the extension of Electronic commerce, The traditional International commercial activities becoming more and more in the process of globalization.Online International Commercial Arbitration is becoming the newest trend and the fas、flexble and convenient way in arbitation, but it’s difficult to affirm the arbitral situs as the virtual of internet. The Affirmation of International commercial arbitral situs in Online Arbitration has important significance.At present,there are some practices about International commercial arbitral.Such as VMP, the WIPO Arbitration and Mediation Center and Cyber Tribunal has formulated for rules of arbitration.Because of online dispute resolution practice is immature,the study of online dispute resolution mechanism is still under discussion.There are the located of arbitration institution theory and he court of arbitration determinism in traditional arbitration.Besides, the located of arbitrator theory, Server location theory, Web site owners theory,the seat of arbitration theory and delocalized arbitration theory in online arbitration.Although there are some degrees of researches at home and abroad or Academic circles,also there are several articles,there are no systematic investigation with the Affirmation of International commercial Arbitral Situs in Online Arbitration or specialized works.It’s necessary to study how to affirm the International commercial Arbitral Situs in Online Arbitration Actively and Prospectively.To promote legal documents issued, application of network economy and the objective requirements and Promoting the development of arbitration.In the essay,it’s used the logic analysis method, and the method of literature research and comparative analysis method and the theory and practice method and the interdisciplinary research methods to discuss the online international commercial arbitration system.We hope through the autonomy of the parties, the seat of arbitration and formulating a unified international convention to solve the problem.In this paper, to cast a brick to attract jade, cause the academia on online arbitration to solve the dispute further attention, and hope to promote online international commercial arbitration practice development benefit.