A Study On The Legal Dilemma And Solution Of Cross-border Online Arbitration

The paper includes introduction,four main parts and conclusion.A total of more than 3 million characters.Introduction.Network technology has become the main tool of people’s cross-border communication,and cross-border online arbitration has been practiced in more and more countries.However,China’s cross-border online arbitration started late,and the legal dilemmas faced in the implementation process needs to be solved urgently.First,the basic theory of cross-border online arbitration.Online arbitration is a kind of ODR mechanism.Compared with traditional arbitration,it is mainly the difference of information transmission mode.Cross-border online arbitration belongs to foreign-related dispute settlement in online arbitration.The development of cross-border online arbitration in China is still based on traditional arbitration,which is difficult to meet the development needs.Second,the legal dilemma of cross-border online arbitration.Due to the participation of network technology,cross-border online arbitration is different from traditional arbitration in form.There are legal dilemmas such as the validity of electronic arbitration agreement to be determined,the absence of arbitration place,the difficulty of recognition and enforcement of arbitral award,the uncertainty of application of substantive law and the difficulty of guaranteeing procedural justice.Third,an active attempt to solve the legal dilemma of cross-border online arbitration.This paper mainly analyzes the practice of relevant countries and international law in solving the legal dilemma of cross-border online arbitration,so as to point out the direction for improving China’s cross-border online arbitration system.It comes to the conclusion that interpreting electronic arbitration protocol by means of objective interpretation can face technical update iteration,The arbitration seat theory is flexible in determining the arbitration place,the dual-track execution mechanism can satisfy the execution of different types of awards,the principle of autonomy of will is reasonable in determining the applicable substantive law,and the technical construction of online platform can guarantee the fairness of arbitration procedures.Fourth,suggestions on developing cross-border online arbitration in China.China’s current Arbitration Law is difficult to adapt to the development of online arbitration,so it is advisable to formulate special laws to adjust the development of cross-border online arbitration.At the same time,in the system construction,the electronic arbitration agreement can be explained by the functional equivalence method,and the arbitration place can be determined by the arbitration seat theory.Taking autonomy of will as the first rule to determine the applicable substantive law,we should establish a multi-track enforcement mechanism and formulate arbitration procedures from the perspective of the parties.Conclusion.The deepening of network globalization has created a favorable environment for the development of cross-border online arbitration,and the binding cross-border online arbitration service provided by arbitration institutions will be its main development direction in the future.With the development of our network technology,the legal dilemma faced by cross-border online arbitration system still needs continuous improvement.