On The Recognition And Enforcement Of Online Arbitration Awards

Since the last century,online arbitration has attracted much attention,especially in the rapidly growing trend of transnational and regional e-commerce.After the arbitration of online arbitration is made,of course,it is hoped that it can be successfully recognized and enforced like the traditional arbitration.However,the truth is not satisfying.The enforcement of online arbitration awards still requires judicial power.In particular,if the parties are in different countries or regions,even if they won the arbitration,the parties still concern about the implementation of the awards.Therefore,they have to resort separately to the judicial power of the relevant countries.This article starts with an overview of online arbitration,analyzes the status quo of online arbitral award recognition and enforcement,and current obstacles that exist.Based on the institutional framework of the New York Convention,the article analyzes and discusses the effectiveness of electronic arbitration agreements and the failure of the seat of online arbitration.The refusal to recognize and enforce foreign arbitral awards in the New York Convention,these have caused great difficulties in the recognition and enforcement of online arbitral awards.The article comparing online arbitration with traditional arbitration,putting online arbitration recognition and enforcement mechanisms under the traditional arbitration recognition and enforcement mechanisms,and combining the specificity of online arbitration to explore an operational recognition and enforcement mechanism.The article consists of four parts:The first part mainly introduces the basic conditions of online arbitration,including its background and recent developments,as well as the relationship between the recognition and enforcement of arbitral awards and the special features of online arbitration compared the virtuality,efficiency,and convenience with traditional arbitration.This part aims to lay a foundation for this research.The second part mainly introduces the current status of the recognition and implementation of online arbitration awards.Firstly,the legal basis for the recognition and enforcement of online arbitration awards are introduced.The New York Convention is the main one,including the states' bilateral or multilateral treaties,which are recognized and enforced on the basis of the principle of reciprocity or the provisions of a country's domestic laws.Secondly,on the basis of the particularities of online arbitration,the article discusses the conditions for the recognition and enforcement of foreign arbitral awards in theNewYork Convention and the conditions for refusing to recognize and enforce.The third part analyzes the existing problems in the recognition and enforcement of online arbitration awards.There are two main contents of the electronic arbitration agreement,the substantive requirements and the substantive requirements.The formal requirements include the written form requirements and the signing issues of the electronic arbitration agreement;the substantive requirements include the contracting ability of parties and the authenticity of the contracting will.There is also the lack of arbitration sites and confirmation in online arbitration process.The last part proposes some suggestions based on the particularity of online arbitration.In order to solve the formal requirements of the electronic arbitration agreement,it proposes an expanded interpretation of the written form and the use of the parties to the contract to determine the way.In terms of substantive requirements,the main objective is to establish a credible certification mechanism to guarantee the parties' contracting capabilities.As" for the filling of arbitration sites,the first thing to do is to follow the principle that“There is agreement from the agreed",and then use other methods to confirm the place of arbitration.Finally,there are some measures to guarantee the fair safeguard for the arbitral procedure in online arbitration and to ensure proper notification and full statement.