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

Posted on:2020-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y J KangFull Text:PDF
GTID:2416330590480578Subject:International Law
Abstract/Summary:PDF Full Text Request
With the rapid development and wide application of the Internet,people are increasingly conducting various social activities through the Internet.In particular,cross-border e-commerce transactions have been rapidly developed around the world,and more and more commercial transactions are taking place.Also choose to do it online.Cross-regional and cross-border disputes related to the Internet and online activities have also continued to increase in large numbers.Faced with new types of disputes such as consumer disputes,infringement disputes,and intellectual property disputes in cross-border e-commerce,the traditional dispute resolution mechanism has become inadequate in many aspects.When solving these new types of disputes,it seems to be incapable,and the traditional dispute resolution method has emerged.A more efficient and fast way to combine online technology-online arbitration.Compared with traditional disputes,online disputes are unique and novel because of the Internet.Although online arbitration is conducted under the principle of conventional arbitration,the intervention of the Internet will bring or cause some legal obstacles to the current arbitration system.Therefore,the researching on online arbitration mechanism is very theoretical and practical.First of all,through an overview of cross-border e-commerce online arbitration,online arbitration as a form of development and evolution of traditional arbitration under the aid of network information technology,is in addition to inheriting the basic concept of traditional arbitration,and The existing values and characteristics such as high efficiency and convenience,low cost and other advantages have attracted attention.Secondly,after the basic understanding of cross-border e-commerce online arbitration,thedevelopment status of cross-border e-commerce online arbitration in China,respectively,from the online arbitration agreement The legal issues faced by online arbitration in the three aspects of online arbitration and the recognition and enforcement of online arbitral awards.Through comparison with traditional arbitration theory,international organizations,and practices in other countries,we have found out the problems faced by online arbitration.The corresponding solution.The online arbitration agreement mainly solves the problem that the online arbitration agreement satisfies the “written form” and the efficiency of the B2 C pre-arbitration arbitration agreement;the online arbitration part mainly explains the failure of the online arbitration place and the number of online arbitration places.A theory and evaluation,it is proposed that the parties determine the place of arbitration,and the arbitration theory is an ideal method to determine the place of arbitration;the recognition and enforcement of online arbitration mainly discusses its current status,and proposes a combination of cross-border e-commerce disputes.The characteristics of innovation and development of non-binding arbitration implementation mechanisms.
Keywords/Search Tags:Cross-border e-commerce, Arbitration Agreement, Place of Arbitration, Recognition and Enforcement of Arbitral Awards
PDF Full Text Request
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