Arbitration of e-Commerce in Iran and International Legal System

Abstract

In the past, the most common way of resolving commercial disputes was recourse to national courts. However, in recent decades, among other resolving methods, international commercial arbitration is increasingly significant to resolve international disputes. Now a days, accelerated communication is the result of emerging of innovative technologies, especially in the global commerce such that increased trading and consequently competition of achieving global markets led to some changes in the international commercial infrastructures. The globalization, at present, demands alternatives such as arbitration in cyberspace which is the developed and modern form of traditional arbitrations. Despite that e-arbitration is the very traditional arbitration, only differs in term of application; this newly established institute causes emerging of many legal and technological discussions including communication tools, giving information, hearings, issuing and notifying the arbitration. The results of the present study show that establishing this new legal entity and technical evolutions in the proceedings led to emerging new conflicts that require applying special rules calling for efforts of scholars, international procedures as well as forming national rules.