Academic journal article Canadian Social Science

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

Academic journal article Canadian Social Science

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

Article excerpt

Abstract

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

INTRODUCTION

Once countries are expediting the enactment of legislations related to ecommerce1, there is nothing preventing the innovation of an electronic judicial mechanism to complement the electronic triangle represented in the ecommerce and enactment of electronic legislations for this commerce, then comes the online arbitration to complement the legal system.

Under the ineffectiveness of the regular rules of arbitration in ecommerce disputes in most cases, the online arbitration emerged as a contemporary approach in settling electronic disputes arising from ecommerce in general, and in settling commercial and civil disputes in particular, the matter that doubled the burden on the legislator in most countries of the world in terms of working on developing regular traditional rules of arbitration, in addition to the attempt to drawing up rules and principles governing online arbitration processes with view to create a uniform legal organization for such type of arbitration which constitutes a rapid solution for several legal and material issues that may face ecommerce processes and in conformity with the requirements thereof in terms of rapidity, confidentiality, accuracy and effectiveness.

t is noteworthy to indicate that the online arbitration involves several features as it is deemed to the be the most appropriate for electronic commerce disputes since that the traditional arbitration is not appropriate to the specificity of such disputes and to the nature of electronic documents and instruments thereof, the matter that renders the online arbitration more efficient in dealing with such instruments and in retrieving and exchanging them at a slight cost along with making the use of audiovisual means (multimedia) available during the online arbitration sessions which leads to decrease in charges and expenses. Furthermore, online arbitration is fast and easy in its procedures, and subsequently it results in fast resolution of disputes brought before courts, as we see that traditional litigation procedures delay the resolution of disputes due to the multiple formal and time restrictions imposed by the master of the litigation. In addition, the online arbitration involves high flexibility allowing the parties thereto to organize it according to the form they desire and meets the considerations of appropriateness as it is available 24/7 and subsequently referring to this arbitration has no time or place restrictions.

Therefore, online arbitration emerged as an effective and cutting- edge means to resolve disputes in general, and those transactions concluded via the internet in particular as a modern approach in settlement of disputes arising due to the use of internet in transactions, the online ones for the most part. …

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