Research On Online Arbitration Mechanism

Development of network communication technology not only gave birth to a new industry model, also produced new problems. Cyberspace dispute, led by e-commerce, broke the geographical constraints. Its properties, such as low value and quantity, disrupted the rhythm of the original legal channels, forcing countries to focus on a more appropriate way. So, using the internet for arbitration supplies a promising path to resolve disputes in cyberspace, but its docking with the existing legal framework does not go well. Therefore, the research on topics of online arbitration, such as type, execution and development, has become an issue abounding in meaning of theory and practice.Firstly, from analysing the concept of online arbitration, we can know, as an evolutionary form of traditional arbitration in times of network, online arbitration not only inherits the basic concept of traditional arbitration, but also has its own independent value and characteristics to exist. It has so many differences with traditional arbitration in applicable range of cases, trial environment, national jurisdiction, voluntary program and so on. Simultaneously, some differences, such as procedural arbitrariness, basis of the result, the role of network technology, litigants and so on, distinguish online arbitration from online mediation. Secondly, in the item of presence or absence of binding, binding and non-binding online arbitration coexist in cyberspace. Because of the paperless feature, binding online arbitration remains to be constantly running with the existing laws in the arbitration agreement, arbitration, legitimate procedure, adjudication, etc. But the academic breakthroughs, like functional-equivalent and the seat theory of arbitration make the run of binding online arbitration to meet the essential factors of international community for arbitration, and be more approved. Although non-binding online arbitration does not have national enforceable, but compare with the development of arbitration, it has met the principle of arbitration yet, the support of automated enforcement mechanisms make the advantages of non-binding online arbitration in the network are more evident. Extraterritorial practice is its strong evidence.Finally, driving online arbitration complies with the requirement of the Internet Age. Thus, after a comprehensive review of the online arbitration, the two types of arbitration should cooperate with each other, so as to advance all around and resolve the disputes in cyberspace well. So, one is that it needs to improve Chinese legal environment and put forward specific recommendations for the existing problems to adapt to the characteristics of two forms of online arbitration, e.g., applying functional-equivalent to explain the meaning of writing, using the seat of arbitration to determine the arbitration. The other is to strengthen the legal regulation from the operation of system to supervision. Sweeping the obstacles in order to promote its effective in solving cyberspace disputes, and achieve its judicial value.