The Legal System of Electronic Arbitration Agreements
Keywords:
electronic arbitration, arbitration agreement, arbitration clause, optional enforcement.Abstract
The electronic arbitration agreement represents a significant development in the field of dispute resolution, allowing parties to resort to arbitration over the Internet, benefiting from the advantages of speed, efficiency, and low cost. The electronic arbitration agreement is similar to its traditional counterpart in that it is a binding agreement between the parties, but it is distinguished by being conducted through electronic means, which requires consideration of some unique characteristics. The electronic arbitration agreement must be in writing, and this may be done through the exchange of e-mails or its inclusion in electronic contracts. The agreement defines the scope of disputes to be arbitrated and specifies the rules and procedures to be followed by the arbitrators, and the agreement may also include specifying the law applicable to the dispute. Electronic arbitration allows parties to conduct hearings, present evidence, and exchange memoranda online, which facilitates the arbitration process and makes it more flexible. The electronic arbitration agreement aims to provide an effective means of dispute resolution in the digital age, taking into account the legal and technical challenges that may arise from the use of electronic means in arbitration.
References
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Third: University Theses:
1. Muhammad Saeed Ahmed Ismail, PhD Thesis, Legal Protection Methods for E-Commerce, Ain Shams University, 2005.
Fourth: Laws:
1. Iraqi Civil Procedure Code No. 83 of 1969, as amended.
2. Egyptian Arbitration Law No. 27 of 1994.
3. Iraqi Electronic Signature and Electronic Transactions Law No. 78 of 2012.
4. From the UNCITRAL Amendment to International Commercial Arbitration Act of 2006.
5. New York Convention of 1958.
Fifth: Websites:
1. Cybertribunal website: http://www.cybertribunal.org
2. European Union website: http://www.europa.eu.int/com
3. See the WIPO Arbitration Center website: http://www.arbiter.wipo.int
Sixth: Foreign References:
1. Thomas Clay, "Arbitrage et modes alternatifs de règlement des litiges", Recueil Dalloz, 2019.
2. En ce sens: Bouchra Bouiri, L'Arbitrage Électronique: « la mise en place d'un environnement favorable », Thèse de droit, université hassan II de Casablanca et Université côte d'Azur, 2016.
