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Research On Legal Issues On Cross-border E-commerce Online Arbitration

Posted on:2017-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2296330485483802Subject:International Law
Abstract/Summary:PDF Full Text Request
With the growing economic integration and globalization, network technology has become more mature, in different countries and regions and people have been linked to the network. People with foreign trading partners and trade exchanges across the network, compared with the past more efficient and convenient. In this case, the traditional cross-border e-commerce but also because of the long time it takes, the shortcomings of higher cost and by the network impact of technological development, the use of online dispute resolution mechanisms to deal with crossborder e-commerce disputes are becoming a trend. Cross-border e-commerce online arbitration mechanism as a new dispute resolution, in dealing with the subject of a number of small transactions and number of cross-border e-commerce disputes, can play a larger role. This online dispute resolution approach is simple, fast, save money and improve efficiency, and relying on the Internet, greatly promoted the development and prosperity of the international economy and trade. The United Nations Commission on International Trade Law, World Intellectual Property Organization and other relevant international organizations, as well as the United States, Canada and other countries in order to successfully conduct and development of online arbitration, legislation and practices has made a lot of efforts. Science and technology will lead to change and progress, the generation of modern information technology and development of the law is no exception. Development of network technology to promote economic development and social progress, but a lot of new problems began. Thus, by online arbitration mechanism for research and analysis,development of cross-border e-commerce for the Chinese online arbitration mechanism it is very important.The article is divided into five parts. The first chapter introduces the basic problem of cross-border e-commerce online arbitration, including the concept of cross-border e-commerce, content dispute settlement mechanism of cross-border ecommerce and online dispute resolution mechanisms characteristic; the traditional advantages of online dispute settlement and disadvantages; before cross-border e-commerce online arbitration, this section contains a cross-border e-commerce online arbitration concept, classification and characteristics and so on. The second part describes the international and domestic legislation and practice of cross-border ecommerce online arbitration. International organizations such as the World Intellectual Property Organization and the International UNCITRAL and other international organizations on the legislation and practice of online arbitration, the United States, Canada and other relevant national legislation and practice on online arbitration, the legislation and practice of these international organizations and countries listed here and analyzed. The third part introduces the problem of crossborder e-commerce arbitration online arbitration. Including the concept and role of arbitration, the arbitration related to online view, as well as online arbitration arbitration is how to determine the three parts. Part IV describes the cross-border ecommerce online arbitration award recognition and enforcement, such as the quantity of online arbitration mechanism, but there is no uniform set of arbitration rules for management; online arbitration and the "Convention on the Recognition and Enforcement of Foreign Arbitral Awards"(later referred to as " adjustment range of the New York Convention "), the execution condition, does not carry the subject of relationships. The fifth part introduces the status quo of cross-border e-commerce legislation Chinese online arbitration and the determination of the existence of such arbitration, the arbitral award recognition and enforcement issues, as well as China’s existing online arbitration institutions and their practices, and thereby raise legislative proposals to improve China online arbitration.
Keywords/Search Tags:Cross-border e-commerce, Online arbitration, Online dispute resolution mechanisms
PDF Full Text Request
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