On The Network Arbitration Procedure

In recent years,with the rapid development of e-commerce,a lot of Internet commercecontroversy also emerged.Faced with this complex transaction disputes,network arbitrationproceedings have emerged and gradually developed.In this paper,the basic theory,arbitrationproceedings and related issues were studied,the advantages of extraterritorial arbitration werealso examined,eventually find the path to improve our network arbitration.This thesis text isdivided into four parts as follows:The first part,an overview of the network arbitration.Online arbitration is the main stepsof arbitration proceedings,or all of the links in the best try to not damage the traditionalconventional arbitration under the premise of principle and mechanism,mainly rely on themodern internet electronic information proceeding technology through the arbitrationprocedure to solve the dispute between the parties. Network arbitration proceedings have aspecial form of arbitration agreement, arbitration documents confirm special,special place ofarbitration, confidentiality,and several other important special features.With the rapiddevelopment of Internet, network arbitration was born in the United States in the1990s,inrecent years, online arbitration system has been recognised by people.The constantimprovement of the Internet technology has brought the arbitration procedure doubleeffects:on the one hand,the efficiency of arbitration in under the influence of Internettechnology has been greatly improved;on the other hand,the Internet technology also hasbrought great challenge and impact to the current arbitration system,such as the Internet to theevidence in the arbitration system,the place of arbitration,the arbitration agreement and therecognition and enforcement issues will bring negative effects.The second part the outside network arbitration procedure.The American arbitrationassociation,cyber arbitration tribunal,Canada online dispute resolution center are some of themore influential network arbitration institutions,each developed their own arbitrationrules.UK network arbitration process more high integrity process,strong legalprotection,dispute spread wide and many other features,but it also encountered manyproblems,including electronic arbitration agreement,security of arbitration and other issues.The third part the path to improve the network arbitration proceedings.Our networkarbitration procedures currently exist to determine the legality or not,privacy is low,network technology is not high,the effectiveness of arbitration agreements and place of arbitration indisputes and other problems.First,we need to improve the mechanism for handing specificissues in the arbitration proceedings.Facing China’s effectiveness issues of electronicarbitration agreements,need to introduce the principle of functional equivalence;admittedlyadopt mechanisms to deal with the problem of party credit risk;faced with the problem ofnetwork arbitration place assumed in arbitration,our country should insist on the principle ofparty autonomy is given priority to,the most closely related to the principle ofcomplementary.Secondly,to solve external problems that affect network arbitration.First,tomake some appropriate adjustments for the existing legal system.Second,China shouldstrengthen efforts in building the internet infrastructure,improve the popularity of theInternet,network speed and so on,while introducing such as electronic identity authenticationmechanisms and other high-tech network technology to ensure network security.Third,throughsupervision,within the industry,and the public judicial oversight to ensure the independence ofthe network arbitral institutions and arbitration procedural fairness.Fourth,to establish animpartial arbitrator team.Through a public examination of the way to selectarbitrators;improve the treatment of arbitrators; establish arbitrators’credit system;to conductregular business training for arbitrators.