Study On Procedure Of Online Arbitration

In recent years, e-commerce has been developing in high speed condition,subsequently and produce dispute more and more, online arbitration procedure formally under the background of this arises at the historic moment, widely used in electronic commerce dispute resolution. Based on the online arbitration procedure as the research object, combined with the practice and legislation of online arbitration both at home and abroad, related to the specific issues of online arbitration procedure,the content of the article consists of five chapters, the specific arrangement is as follows:The first chapter is summary of online arbitration procedure. First analyzes the concept of online arbitration procedure and definition, analysis of the advantages of online arbitration procedure has. Secondly the online arbitration procedure rules and practice at home and abroad were reviewed and introduced, mainly including Canada,the United States, the world intellectual property organization and the practice of Chinese domain name dispute resolution mechanism and the China international economic and trade commission of the latest of the online arbitration rules.The second chapter discusses online arbitration procedure as procedural. From the meaning and the basic requirements of due process to demonstrate the relationship between online arbitration procedure and due process. Specific, there are two aspects of content: one is the online service and due process, the second is online trial and due process.The third chapter studies online file transfer and management problems in the arbitration proceedings. Online arbitration application, file transfer and management are conducted online, is the basis of the online arbitration procedure and important features. The author first, from the perspective of the existing mode of file transfer,analyses their respective advantages and disadvantages in different ways to make a more appropriate choice. Around the effectiveness of online delivery and confirm receipt of discussion, finally from the aspects of digitalization, confidentiality,authenticity three specific analysis of the management problems of online arbitration application file.The fourth chapter focuses on an online arbitration procedure of the arbitration agreement and apply for and accept the two problems. Online arbitration procedure ofthe arbitration agreement is the beginning of foundation, online arbitration agreement will be effective to have the main body behavior ability factor and written form factor,the arbitration also need to apply for and accept stage, in which the starting time of the arbitration procedure is also important.The fifth chapter studies the content is online trial and award of the arbitration proceedings. Online trial must have integrity, the key lies in the independence of the arbitration institutions and the impartiality of the arbitrators, online trial there are two ways, namely online written trial and trial, online trial specific program is also an important part of this chapter. The second part of this chapter involves the decision of the arbitration proceedings online stage, from the form of a verdict, ruling and execution of the ruling way three aspects are analyzed.