الفهرس | يوجد فقط 14 صفحة متاحة للعرض العام |
المستخلص 535 ABSTRACT Electronic arbitration (also known as online arbitration, cyber arbitration, virtual arbitration, or arbitration using online techniques) is an Alternative Dispute Resolution method (ADR), and precisely an Online Dispute Resolution technique (ODR), and it constitutes a recent process dispute resolution mechanism between economic agents using information and communication technology. E - arbitration is inseparable from the growth of commercial sale contracts and cross - border trade transactions. e - Arbitra tion is no different from traditional arbitration traditional or normal but in terms of employment created by means of modern information and communications revolution at all stages of the arbitration process, starting from the agreed upon and through the end of its procedures and the issuance of the rule. Electronic commerce operations are based on contracts concluded electronically between “absent” co - contractors (i.e. those who do not physically meet). Arbitration is a proceeding in which an impart ial arbiter whose decision the parties to the dispute have agreed resolves a dispute, or legislation has decreed, will be final and binding. Arbitral proceedings and an arbitral award are generally non - public, and can be made confidential. 536 The confiden tiality of the arbitration process may appeal to those who do not wish the terms of a settlement to be known. Perhaps one of the most important benefits of the electronic arbitration is more speed in the determination of the dispute, and the economy in expenditure, in addition to the advantage of experience in the areas of e - commerce, intellectual property, which are available in the arbitrators. Knowledge of the law applicable to the subject of the e - arbitration and procedures of important issues, becau se knowledge of this law is the basis for issuance of the arbitration award, and therefore the resolution of conflict and termination. Arbitral awards are usually final and binding, which avoids a drawn - out appeals process . What makes online arbitration demanding and attractive is both its non - judicial way to settle disputes, as well as the use of electronic, technological, and innovative means to go about the process by appointing an arbitration panel vested with a bindin g authority and conducting the process, on virtual platforms using the Internet. Contracting parties in such transactions expect a swift, cost - effective and efficient dispute resolution mechanism. This thesis examine the advantages and disadvantages of online arbitration, and it concludes that online arbitration is a valid and effective method of dispute resolution, and it also 537 proves that online arbitration is more binding than traditional arbitration, because it is effective without being subject to so many legal obstacles especially the requirement of the form required by most national laws, through special mechanisms belong to online arbitration, pioneered the implementation of the sentence without the need to resort to national jurisdiction of the individuals. It is no coincidence therefore that an increasing number of domestic legislations and international regulations adhere to the rules governing E - arbitration. Therefore, we recommend the holding of international conferences and seminar to show the concept of electronic arbitration and to highlight the importance and growing role in the resolution of disputes relating to electronic commerce . We should work to provide security for the legal informational transactions conducted through the Internet, and promote it, and develop it, and have to use modern and sophisticated techniques to maintain a physical presence for electronic Editors and electronic signature, must be on the competent authorities and interested in the affairs of electronic arbitration to prepare studies and research on e - commerce transactions and digital contracts and their relationship to e - arbitration, in addition to the development of human resources in the field of electronic arbitration. 538 Finally, online arbitration will prove to be an important phenomenon within the regime of international commercial arbitration, and certainly, most arbitral institutions will invest in online arbitration |