Research On The Legal Issues Of Online Arbitration In China

The rise of the Internet led to the rapid development of electronic commerce and also brought a lot of e-commerce disputes,which provides opportunities and challenges for the germination and development of online arbitration.Online arbitration in China is in the early stage of development,and there are many legal problems in its development process.Therefore,the attention and proper solution of these problems concern the development prospect of online arbitration.In the judicial field,the study of legal issues is generally carried out from the perspective of legislation and judicial practice.In view of this,this paper studies the legal issues of online arbitration in China from two aspects too: arbitration rules and arbitration practice.On the one hand,from the perspective of arbitration rules,there are widespread problems on "trial mode" and "security guarantee" clause of Chinese online arbitration rules.Specifically,the "trial mode" clause is inconsistent with the mandatory provision of law and does not fully respect the will of the parties.The "security guarantee" clause reflects the problems that the obligation provision is not perfect and the disclaimer provision is not clear.On the other hand,from the perspective of arbitration practice,there are still some problems in online arbitration,such as the identification difficulties of the parties in the online arbitration agreement,the technical risks and credit risks of the online delivery,the deviation of the speed of the online arbitration from the reasonable requirement,and the lack of diversified enforcement methods in line with the high efficiency of the online arbitration.In view of the above problems,this paper puts forward corresponding improvement measures or Suggestions.Firstly,there is making a specific analysis or reference to the relevant provisions of the online arbitration rules.Secondly,in view of the practical problems of online arbitration,this paper puts forward some countermeasures,such as establishing the mechanism of electronic identity registration and authentication,constructing the risk prevention mechanism of online delivery,realizing the reasonable limit of the speed of online arbitration,and constructing the multi-level enforcement mechanism of arbitration award.