Arbitration in the Electronic Commerce Contract in the Arab Legislations

By Atim, Zubida | Journal of Legal, Ethical and Regulatory Issues, January 1, 2019 | Go to article overview

Arbitration in the Electronic Commerce Contract in the Arab Legislations


Atim, Zubida, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The commercial, economic and technological developments caused by the communications revolution and globalization in some Arab countries such as the UAE, Saudi Arabia, Tunisia, Bahrain and Egypt have affected the commercial contracts (Fried, 2006). This has emerged in the development and legislative modernization of the procedural rules of the international trade contract disputes, establishing special arbitration laws as a means of resolving trade contract disputes, arbitration shall be exercised in one of two ways either under an item included in the original contract in respect of which the dispute has arisen or in accordance with an independent charter of this contract containing the differences between the parties, and on the international scale, the UNCITRAL model law on international commercial arbitration, as well as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

RESEARCH METHODOLOGY

The study followed the comparative descriptive analytical approach, which is descriptive because it describes the subject of arbitration in the contract of electronic commerce in the Arab regimes, within the framework of international conventions, based on a thorough analysis, compilation and analysis of facts, laws and conventions; It is an analytical approach because it is based on the interpretation of the rules of commercial arbitration in the Arab laws and international conventions and explain their texts, it is a comparative approach because it compares between Arab regimes and international conventions.

RESULTS AND DISCUSSION

In resolution 31/98 of 15 December 1976, the United Nations General Assembly recognized the value of arbitration as a means of settling disputes arising under international trade relations, it was recommended that the rules of arbitration of the Commission on International Trade Law should be used in the widest possible manner in 1985, the Model Law on International Commercial Arbitration, which aimed at assisting States to reform and modernize their laws on arbitration proceedings, was issued, Lebanon was one of the first Arab countries to organize arbitration rules. The Lebanese legislator promulgated the Civil Procedure Law by Legislative Decree No. 90/1983, which included special provisions in international commercial arbitration (articles 809-82), followed by the rest of the Arab countries in the issuance of laws on commercial arbitration, with the accession of eleven Arab countries to the Newark Convention of 1958 on the implementation of foreign arbitration provisions. In addition to signing the regional agreements for the organization of arbitration among its nationalities, the most important of which was the Amman Arab Convention for Commercial Arbitration (1987), So we review the concept of arbitration in the disputes of the electronic contract and the most important principles and applicable law and binding force.

Concept of Arbitration in Electronic Contract

The Arab legislations have agreed on the concept of arbitration. Article (1) of the UAE Arbitration Law 2018 (Laws and Regulations, 2018)

"Is a means regulated by law through which a binding judgment is made in a dispute between two or more parties by an arbitral tribunal pursuant to the agreement of the parties?"

In Article (9) of the Jordanian Arbitration Law 2018, it is defined as an agreement of the parties, whether of the juridical or natural persons who have the legal capacity to contract, to convert to arbitration, Article (5) of the Palestinian Arbitration Law 2000 defines the arbitration agreement: an agreement between two or more parties providing for the assignment of all or some of the disputes that have arisen or may arise in connection with a particular legal relationship, contractual or non-contractual, Article 4 of the Egyptian Arbitration Law in Civil and Commercial Law of 1994:

"The agreement of the parties in disputes of a civil nature to refer disputes arising between them regarding the implementation of a particular contract or to refer any dispute existing between them to be resolved by bodies or individuals chosen by their will or by their agreement"

Concept of Electronic Contract

Means the execution of some or all commercial transactions in goods and services between a merchant and a consumer using ICT (Mansour, 2006). …

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