International Commercial Online Arbitration Awards Recognition And Enforcement Study

Since the 20th century,the development of the Internet has increasingly penetrated into the lives of the public.Although the emergence of e-commerce has driven the development of the economy,it has also led to an increase in online disputes.Traditional arbitration is difficult to achieve convenient effects.Under this background,the emergence of online arbitration satisfies the needs of the parties involved in the efficient settlement of disputes.However,due to it is a completely new mechanism,there are some shortcomings in the process of theory and practice.Compared with traditional arbitration,although online arbitration makes it more efficient with the help of the Internet,because of the virtual nature of the network,there are many legal obstacles to the recognition and enforcement of online arbitration awards.Firstly,for the definition of online arbitration,the author agrees with the main part theory;secondly,because of the virtual nature of the Internet,the online arbitrationlocation is difficult to determine.The academic circles mainly have the location of the arbitrator when they are identified,the location of the network server,the theory of non-international arbitration and the theory of the seat.The author suggests to consider the characteristics of the virtual nature of online arbitration,and agrees to adopt the combination of the theory of arbitration and the principle of autonomy of will and the principle of closest connection;the validity of the arbitration agreement for online arbitration,the determination of the arbitration agreement,one is the written agreement and the electronic agreement.The author hopes that the legislator will make an expanded interpretation of the electronic signatureand make a corresponding technical appraisal of the electronic signature;As for the arbitral procedure,because it is especially important in the virtual space to ensure the parties' right to know,debate and cross-examination in the procedure,online arbitration,while relying on the Internet,must fully protect the rights of the parties.Finally,combined with the status quo and problems of the recognition and enforcement of online arbitral awards in China,form their own views and opinions,and put forward suggestions on China's online arbitration legislation,so that online arbitration can be further developed and form its own unique system.Make online rulings recognized and enforced.