On The Recognition And Enforcement Of International Commercial Online Arbitration Award

Since the 20 th century, with the rapid development of Internet and the widespread application, people more and more frequently via the Internet for all kinds of social activities, especially the electronic commerce rapid development throughout the world. In China’s case, only the first half of 2014 the national network sales of 1.1375 trillion yuan, up 48.3% from a year earlier. Number online complaints nearly 20000 in 2014. In 2014 China’s B2 B e-commerce total revenue of 23.45 billion yuan Much more in the international scope. Accordingly, linked to the Internet and online activities across the region even lots of international disputes, continue to increase. Face online infringement disputes, contract disputes and other new type of disputes, the appearance of many aspects of the traditional dispute resolution mechanism does not adapt, when these new disputes appear restrictive, so there is a traditional dispute resolution and network technology with the combination of a more efficient and fast way-- online arbitration. Compared with the traditional dispute, controversy because of the Internet and online with the uniqueness and novelty. Online arbitration is in conventional arbitration mechanism principle, but because of the involvement of the Internet, will bring the current arbitration system or cause some legal obstacles, not perfectly match with the provisions of the New York convention, this article only analysis decision in terms of recognition and enforcement of related problems. Whether online arbitration fall within the scope of the convention to adjust, execution conditions, whether or not to be identified as to refuse recognition and enforcement of reason and so on, these problems directly related to the survival and development of online arbitration system. So, to clarify and solve online arbitration faces in terms of recognition and enforcement of relevant legal obstacles, is particularly important.This article around online arbitration award the recognition and enforcement of the subject, mainly adopts comparative analysis, system analysis and interdisciplinary study, in the traditional arbitration for reference, considering some comprehensive analysis for online arbitration legal issues facing online arbitration is discussed.This article is divided into four parts, combined with the traditional arbitration theory, focus on the online arbitration award recognition and hold encounter different problems and possible solutions, is also the focus of this article. These problems include: the effectiveness of the online arbitration agreement, the lack of online place for arbitration, the arbitration procedure legitimacy, enforcement mechanism and so on. Online arbitration will become one of the important direction of future development of dispute solution.