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Research On Legal Issues Related To Online Arbitration

Posted on:2022-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiangFull Text:PDF
GTID:2516306479982759Subject:International law
Abstract/Summary:PDF Full Text Request
Online arbitration is formed by the combination of traditional arbitration and Internet technology,which emerged in the late 1990s.Economic development prompted people to begin to resolve disputes through online arbitration,which required people to speed up theoretical research and practical exploration.This article first summarizes online arbitration: All procedures of online arbitration are online,but due to some technical limitations,some of the procedures will be offline.Online arbitration is not a new dispute resolution: It is not only applied to disputes arising from the use of the Internet such as disputes concerning e-commerce and Internet finance.Since the outbreak of COVID-19 in 2020,there have also been traditional arbitration cases moved online to avoid offline gatherings.Online arbitration has many advantages.It breaks through geographical restrictions and provides convenience with the parties.It reduces the cost of arbitration and improves the efficiency of case managing.Second,this article introduces the practice by domestic and foreign arbitration institutions,and respectively summarizes the experience of foreign arbitration institutions and the legal environment for the development of online arbitration in China.It also analyzes the difficulties faced by the development of online arbitration in China: Online arbitration needs to be confirmed by legislation.The arbitration institutions develop unevenly.There are also another difficulties,such as the authentication of electronic evidence,the determination of the seat of arbitration and the recognition and enforcement of online arbitral awards.Finally,the suggestions for the development of online arbitration mainly start from two aspects: system support and technical support.
Keywords/Search Tags:online arbitration, electronic evidence, the seat of arbitration, arbitral award, the recognition and enforcement
PDF Full Text Request
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