Online Arbitration Research Articles

Network paradigm of private international law: concept contouring

Modern society is characterized as a network, which makes it necessary to rethink its superstructure — law — in the logic of the network paradigm of scientific knowledge. At the interface of law and information technology, new legal and sub-legal phenomena arise that need to be conceptualized. International private law, being in the forefront of the changes that are taking place, possesses a special methodology that can adapt to the network society. The paper analyzes the individual signs of the formation of a new paradigm. One of the most revolutionary products of the Network are global technological or digital platforms, within which predominantly cross-border private law relationships are formed, mediated by transactions, collectively understood as e-commerce or m-commerce. The legal analysis suggests that americanization of «platform law» is observed. Of interest for the study of the network paradigm is the emerging practice of online arbitration in disputes involving consumers. A significant role in the regulation of modern cross-border relations is assigned to the norms of non-state regulation, traditionally conceptualized through the prism of lex mercatoria, which is now systematized in the logic of the legal system, highlighting the subsystems brought to life by globalization processes. The corresponding changes testify to the modification of the architecture of the regulation of cross-border relations.

Article 47 EUCFR and Civil Courts: The Case of Arbitration Clauses in Consumer Contracts (the Netherlands vs Spain)

The law of the European Union confers subjective rights on citizens, such as those they derive – in their role of consumers – from the Unfair Contract Terms Directive (93/13/EEC). Civil courts play a key role in the enforcement and protection of those rights. Article 47 of the EU Charter of Fundamental Rights (EUCFR) safeguards the right to an effective remedy before a court of law for infringements of substantive EU rights. It may entail a change in perspective towards the autonomy of the Member States as regards remedies, procedures and, in particular, judicial protection under the Directive. It provides civil courts with an instrument for the assessment, (consistent) interpretation and (dis)application of both contractual clauses and procedural rules governing disputes between consumers and their professional counterparties. The ‘proceduralized constitutionalization’ of consumer protection can be illustrated by the example of arbitration clauses, which are regulated differently in the EU Member States. In the Netherlands, (online) arbitration in consumer cases has given rise to a debate about the lack of judicial control over commercial ‘adjudication’. This will be discussed in light of the case law of the EU Court of Justice concerning unfair terms control and access to court – e.g. Asturcom (C-40/08) and, more recently, Menini (C-75/16) – as well as the groundbreaking decision in Achmea (C-284/16). The aim is to examine the function of Article 47 EUCFR at EU level and at the national level with respect to consumer arbitration and with a focus on the Netherlands and Spain. The Spanish experience can inform Dutch civil courts on how to deal with this issue.

Reinterpreting the Arbitration Legislation for Online Awards in Indonesia

Objective - The use of online arbitration is more convenient for the disputing parties because their submissions can be archived by automated document management systems and be reviewed from any location, at any time. Yet, the process of online arbitration in Indonesia is questionable because the Indonesian Arbitration Legislation does not provide provisions relating to online arbitration. It is also questioned whether online arbitration awards are domestic or international under the Legislation. In order to answer the questions, this research examines and reinterprets the Legislation to establish arguments pertaining to the status of online arbitration and its awards in Indonesia. Methodology/Technique - It adopts a normative legal research by examining the existing legislation and literatures relating to arbitration. Findings - It found that the Legislation permits online arbitration because the IT Legislation facilitates the use of electronic communications and devices for this type of arbitration. Yet, the category of its awards may be vague. This is because Indonesia has not adopted the UNCITRAL Model Law. Consequently, the Legislation merely categorizes the online arbitration awards based on whether they are rendered in Indonesian territory (domestic awards) or outside Indonesia (international awards). Originality/value - The use of technology has penetrated business transactions and may result in legal disputes. Therefore, those who engage in online transactions should consider their dispute resolution mechnism. In the context of online business, it may be beneficial for disputing parties to settle their disputes through online arbitration because it can transcend national boundaries, and its awards may be enforceable. Type of Paper - Review Keywords: Online arbitration, awards, dispute resolution, arbitration law, Indonesia. JEL Classification: K2, K29

A legal framework for online commercial arbitration in UAE: new fabric but old style!

ABSTRACTOnline Arbitration has increasingly become a popular method for the resolution of electronic commerce disputes due to its inexpensive, speedy, and global nature. However, this kind of arbitration may face many consumer and doctrinal problems that threaten the legal validity of its procedures in the digital world. This paper thus aims to explore whether or not there are any legal obstacles to the use of online arbitration or to the recognition and enforcement of online arbitral awards within the current legal framework in the United Arab Emirates. As such, this paper briefly discusses whether the formal requirements of validity are satisfied if the arbitration agreement is entered into electronically or if the arbitration proceedings are handled from start to finish in a computerized manner. Furthermore, this paper addresses whether or not there is any need to set up specific sets of rules for online arbitration.

The recent development of online arbitration rules in China

ABSTRACTOnline arbitration is not a newcomer in the realm of arbitration. Some arbitration institutions have developed technological innovation in arbitration but online arbitration is still not yet widely used because it simply serves as a tool to facilitate arbitration proceedings. This article discusses the recently published online arbitration rules by Guangzhou Arbitration Commission in 2015. Online arbitration provides, on the one hand, more flexibility and efficiency to the parties. On the other hand, there are concerns about the validity and fairness of online arbitral awards due to its innovative feature of arbitration rules. By studying the available online arbitration institutional rules, the author intends to find out how to weigh the balance between efficiency and fairness in online arbitration.

Alternative Cross-Border Consumer Dispute Resolution

The development of private international law and international civil proceedings law in the area ofconsumer protection does not solve completely the problems faced by the weaker party when makingcross-border consumer contracts. Conflict rules and jurisdiction rules are addressed primarily to thenational court, but for economic reasons, consumers rarely seek protection of their rights in court if thecase is related to the legal orders of several countries. The solution of this problem lies in the developmentof more flexible, rapid and inexpensive way to resolve disputes out of court. The examination of theEU Directive on Alternative Dispute Resolution leads to conclusion that it only sets basic standardsfor the out-of-court consumer dispute resolution industry, but contains no specific procedural rules. Inaddition, the article provides a critical view of the EU Regulation on the online dispute resolution: Webplatformfor the consumer disputes resolution, created on its basis, has very limited functionality andessentially performs only mediation, facilitating the consumer to find the national alternative disputeresolution agency but not exercising proper arbitration of consumer disputes. Great hopes are vestedin the UNCITRAL Rules on Online Dispute Resolution, under development: in addition to the principlesand standards this document contains specific procedural rules. It is noted that the UNCITRAL Ruleswill be an important addition to the Regulation on online dispute resolution. However, in view of theuniversal international character of the UNCITRAL Rules, as a soft law act, they can be used not onlyin the European Union, but also in all other countries, where the law provides for the possibility ofonline dispute resolution. As an example of the successful online platform for the settlement of low value disputes the author analyzes the experience of the Chinese e-commerce portal. A study of itsOnline Transactions Dispute Rules confirmed that in comparison with the procedure for resolving suchdisputes at the state courts, online arbitration is a faster and more effective alternative.

Рассмотрение и исполнение внешнеэкономических споров в онлайн-арбитраже

Рассмотрение и исполнение внешнеэкономических споров в онлайн-арбитраже

Concept & Overview of Online Arbitration

Online Arbitration is a new tool for dispute settlement mechanism. This mechanism is more cost effective, more efficient and better than other traditional approaches of dispute settlement. As a new mechanism of dispute resolution, online arbitration has encountered certain difficulties in the application of traditional principles of international commercial arbitration law. Problems of litigation in the commercial disputes have made the alternative disputes resolution promotes day by day. Arbitration is one of the best technique which has found international popularity due to accurate codes and enforceable awards. 188th report of Law Commission of India proposed that we apply a ‘fast track’ procedure for the ‘Commercial Division’ cases in the proposed Commercial Division of the High Courts. The Law Commission, in its 176th Report on Amendments to the Indian Arbitration and Conciliation Act, 1996 proposed a ‘fast-track’ procedure for arbitration in India, where parties opt for such a procedure. We shall keep that model as a guide for prescribing a ‘fast-track’ procedure in Commercial cases of pecuniary value as high as 1 crore or more. Online Arbitration is the most successful simple method for the best resolution of cyberspace disputes. There are many legal issues that arise out of Online Arbitration, such as choice of applicable law, requirements of arbitration agreement, signature and place of arbitration etc. The principle underlying the online arbitration/ cyberspace approach is to find better, faster and cheaper ways to resolve disputes with the aid of technology.

Using Online Arbitration in E-Commerce Disputes

Using Online Arbitration in E-Commerce Disputes

Using Online Arbitration in E-Commerce Disputes

Using Online Arbitration in E-Commerce Disputes

Online Dispute Resolution: Scope and Matters Arising

With commercial transaction now making wave in the cyberspace, online dispute becomes inevitable. This has led to the evolution of Online Dispute Resolution (ODR). Since its emergence, ODR has shown itself capable of resolving online disputes especially with regards electronic commerce (e-commerce). Just like traditional ADR, ODR makes use of ADR mechanisms such as arbitration, mediation and negotiation. The only difference is that these ADR mechanisms are employed online. One area of ODR that has won the attraction of international organizations and private institutions is online arbitration. Online arbitration has mostly been used to resolve both online and offline disputes. Resolving disputes via online arbitration is similar to traditional arbitration except that disputes are resolved using various technological devices such as video-conference, e-mail, chats and electronic signature (e-signature). The ODR process has been hailed for its simplicity, speed, convenience and been least expensive when compared with traditional ADR and litigation. On the other hand, the process has been criticized as lacking face to face encounter, having security and confidentiality issues, problems with e-arbitration agreements and awards amongst many others. The good news is that most of these challenges are solvable thus, establishing ODR as a viable online equivalent of alternative dispute resolution.

A Case Study of On-line Arbitration and Comparison on ODR between Korea and China for the Dispute Resolution of E-Commerce

A Case Study of On-line Arbitration and Comparison on ODR between Korea and China for the Dispute Resolution of E-Commerce

KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999

Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.

Disputes Resolution in “Cyber-State”: To Duello or to Arbitrate

The growing name of the cyber world demands more strict laws to be created. And these regulations will become more complex and intricate with the development of internet. The only online arbitration model shaped by the Online Dispute Resolution (ODR) society is The Uniform Domain-Name Dispute Resolution Policy (UDRP). The issues related to the domain name have been very efficiently tackled by the E-arbitration (UDRP). Social networking problems such as Control, Non Money Value dispute and the Enforcement Ability are almost similar to the problems in issues related to the domain name. In this research will study the UDRP- based legal frame work Social Network Dispute Resolution. We will also discuss the resemblances between problems related to social network and domain name and will use them in the implementation of UDRP system to solve social network issues.

Rethinking Online Arbitration

“It is my dream that India should emerge as a hub of international arbitration.” — Dr. H. R. Bhardwaj, former Law Minister of India.Due to rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online. Thus, the use of online dispute resolution (ODR) mechanisms to resolve such e-commerce conflicts requires building consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute faces many challenges like new security issues such as the integrity and confidentiality of sensible data and communication mechanisms used to transmit, store this data and many other issues Online Arbitration is a method introduced in order to reduce cross-border disputes, and to save the cost, time and expenses incurred by people in foreign countries. As with the growing business which takes place in different country, a need was felt to sort out the disputes arising between them during the course of transactions. In this paper will explore the set up of Online Dispute Resolution, institutions or organizations which give online awards, psychology of people and its binding feature. As well as some suggestive methods to make ODR a better place.

Online arbitration in the social network world; mobile justice on iPhones

Social networks are increasingly becoming important due to many aspects of everyday life supported and being facilitated through on-line activity. Billions of individuals are enjoying the use of social networks today and, therefore, they are becoming an important innovation in the modern world. However, due to disputes and concerns that are associated with such activities, the social networking world has yet to reach its full potential. When disputes occur in the on-line world, measures need be taken to settle those disputes in the same way that they were created. Through solving these disputes, the social networking world will be assisted in reaching full potential. One way of settling user disputes in the social networking world is the use of online arbitration. There are a number of advantages to using online arbitration as the parties involved will only communicate through the Internet and do not need to travel throughout the process. This helps in lowering the litigation costs to all parties involved. Considering the advantages online, arbitration has and the power that the social networking world bares, it is possible for users' disputes to be resolved and encourage communication between masses of users to build their confidence. With confidence that their disputes can be resolved easily, more users will be willing to publicise their profile for other users to view.

Overview on Online Arbitration and Procedures (Jordan as an Example)

It is noteworthy to indicate the online arbitration is the natural evolution of the arbitration rules in their traditional form; since the increase in commercial and civil transactions and the slowness of litigation procedures along with the desire to expedite them in the dispute parties and to save effort and expenses led to the increased demand on arbitration in general and on online arbitration in particular, to face the requirements of transaction evolution from the traditional form into the online form, the matter that led transactors in ecommerce to thinking about and working on finding mechanisms alternative to the traditional in dispute settlement through the use of mechanisms based on the same technology used in entering into electronic transactions, rending the settlement electronic as well, mainly based on the world communication network with no need for the dispute parties to be available at a single place, i.e. the development introduced in the commerce sector using electronic means has not been confined to the activation of this commerce and facilitate the dealings thereof, but it also has extended to the use of these civil vehicles in settling the disputes arising there form. Key words: Arbitration; Online arbitration; Ecommerce; Uncitral; Dispute settlement

The Improvement of Online Arbitration Rules of Evidence in China

Online arbitration as an emerging method for resolving disputes has variable forms. Within the system, the storage and exchange of the evidence depends greatly on the system environment and the authenticity of the evidence is easily damaged. This paper compares the differences between online arbitration rules of evidence and civil rules of evidence. Then the author analyzes the flaws of online arbitration rules of evidence and proposes ideas of improvement. At last the author summarizes the feature and uniqueness of online arbitration and gives some detailed suggestions from the perspective of technical protection, collection evidence rules as well as supporting measures to online arbitration. Key words: Online arbitration; Rules of evidence; Electronic evidence

Online Arbitration: A Vehicle for Dispute Resolution in Electronic Commerce

In recent years, the importance of electronic trade in digital content has become evident. However, this new phenomenon has brought new challenges with itself in various areas, which demands fast and efficient responses. While litigation has lots of limitations and deficiencies, alternative means have been suggested and formulated to complement the dispute resolution system. Among (ADR) systems, Arbitration is the most widely used (ADR) mechanism for resolving disputes in electronic commercial matters. Online arbitration is fully admissible and effective under the current legal framework of many countries, provided that certain requirements are met. This paper examines the advantages of online arbitration and methods of its performance in cyberspace. It concludes that online arbitration is a valid and effective method of dispute resolution and the arbitral awards given by online arbitration are enforceable under the rules of New York Convention.

Dimensions of Online Arbitration in India

The rapid expansion of commercial transactions and globalization has given rise to spiraling growth in arbitration at the national as well as international stages. Arbitration is one of the modern techniques of alternative dispute resolution (ADR) that has gained a lot of prominence due to the freedom it offers to the disputants. Online Arbitration is a mixture of conventional Arbitration under Arbitration & Conciliation Act 1996, combined with technological features requiring application of Information Technology Act 2000. This paper looks at the dimensions of online arbitration in India along with the difficulties, advantages and legal complexities that this form of dispute resolution entails. The future of arbitration is online arbitration if India wants to cut down on its ever increasing backlog of cases and this form of ADR would allow quick settlements to international as well as domestic business entities.