Analysis Of International Legal Issues In Internet Arbitration

As an important product formed under the concept of "Internet + International commercial arbitration",Internet arbitration has attracted the attention and favor of natural persons,legal persons and unincorporated organizations from different countries since its launch.In order to better promote the development of Internet arbitration,the United States,Canada,China and other countries and the Internet address and digital location distribution organization,the UN Commission on Trade Law and other international organizations have formed the practical characteristics of Internet arbitration development practice,although the final fate of these development practice is different,but these development practice results fully reflect the Internet arbitration and general offline international commercial arbitration has many similarities and differences.However,the Since the current international commercial arbitration legal system mainly regulates the general offline international commercial arbitration activities,For the brand new Internet arbitration is rarely involved,Internet arbitration has exposed many unavoidable legal problems in the definition,arbitration agreement,arbitration place,arbitration procedures and other fields,These legal issues mainly include the legal definition of Internet arbitration,the "written form" of the arbitration agreement in the data message storage carrier,the validity of electronic signature,the behavioral judgment of the parties,the validity of the arbitration agreement,the specific determination of the arbitration place,the effectiveness of electronic evidence,the effective service of electronic legal documents,the determination of the parties returning from the arbitration,etc.Although there are huge differences in the nature and specific expression of these legal problems,they have brought huge obstacles and challenges at the legal level to countries and international organizations to recognize the legitimacy of Internet arbitration.In order to better solve these legal problems,all countries and international organizations can consider the effective use of the "specific problem-specific analysis" proposed by Marxism,and actively try to build a set of effective international legal system regulating Internet arbitration.Therefore,countries and international organizations can consider clear legal definition of Internet arbitration,improve the specific provisions of "written form" of the arbitration agreement,unified legal requirements for electronic signature,by reference to the agency system to determine the legal effect of the arbitration agreement,optimize the rules of arbitration,determine the effectiveness of electronic evidence,clear electronic legal documents,clear legal plan for the arbitration parties,etc.Only by effectively integrating Internet arbitration into the track of the international rule of law,can Internet arbitration truly become an important direction of the future reform and development of the international commercial arbitration system,and the international development road of Internet arbitration will go wider and broader.