This research examines electronic arbitration as a contemporary and efficient approach to dispute resolution, utilizing information and communication technologies. It delves into the elements that contributed to the rise and evolution of electronic arbitration, elucidating its principles and importance on both national and international scales. Moreover, the study emphasizes the principal distinctions between traditional arbitration and electronic arbitration regarding procedures and safeguards, underscoring the significance of this method in addressing commercial disputes, particularly within the realm of e-commerce. Additionally, the research evaluates the legal and regulatory frameworks governing electronic arbitration in accordance with national laws and international regulations. It identifies the obstacles encountered in the implementation of this method across various countries, notably the absence of national legislation that establishes a clear and structured legal framework for this form of arbitration. The study also tackles challenges associated with electronic arbitration, including data protection issues and the assurance of award enforcement. In conclusion, the research presents several critical insights, highlighting that electronic arbitration provides a flexible and effective solution for resolving commercial disputes, offering reductions in both costs and time compared to traditional arbitration, all while preserving the confidentiality of the proceedings. The study underscored the importance of legislative evaluations aimed at enhancing national laws pertaining to electronic arbitration. In conclusion, it offered a series of significant recommendations, including the imperative to formulate national legislations that correspond with electronic arbitration and address the legal dimensions associated with electronic procedures. Additionally, the study advocated for the bolstering of international collaboration to establish a cohesive legal framework that supports the implementation of electronic arbitration across borders. It also suggested the introduction of training programs for arbitrators and judges focused on the application of electronic arbitration technologies, ensuring both the efficiency and impartiality of the process. Ultimately, the study called for advancements in technological infrastructure to promote the adoption of electronic arbitration as a reliable and effective method.

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Electronic Arbitration in the Digital Commerce Environment: An Analytical Study of Procedures and Legal Guarantees

  • Yasar Alhiniti,
  • Muhannad Yassin Abu Zaid

摘要

This research examines electronic arbitration as a contemporary and efficient approach to dispute resolution, utilizing information and communication technologies. It delves into the elements that contributed to the rise and evolution of electronic arbitration, elucidating its principles and importance on both national and international scales. Moreover, the study emphasizes the principal distinctions between traditional arbitration and electronic arbitration regarding procedures and safeguards, underscoring the significance of this method in addressing commercial disputes, particularly within the realm of e-commerce. Additionally, the research evaluates the legal and regulatory frameworks governing electronic arbitration in accordance with national laws and international regulations. It identifies the obstacles encountered in the implementation of this method across various countries, notably the absence of national legislation that establishes a clear and structured legal framework for this form of arbitration. The study also tackles challenges associated with electronic arbitration, including data protection issues and the assurance of award enforcement. In conclusion, the research presents several critical insights, highlighting that electronic arbitration provides a flexible and effective solution for resolving commercial disputes, offering reductions in both costs and time compared to traditional arbitration, all while preserving the confidentiality of the proceedings. The study underscored the importance of legislative evaluations aimed at enhancing national laws pertaining to electronic arbitration. In conclusion, it offered a series of significant recommendations, including the imperative to formulate national legislations that correspond with electronic arbitration and address the legal dimensions associated with electronic procedures. Additionally, the study advocated for the bolstering of international collaboration to establish a cohesive legal framework that supports the implementation of electronic arbitration across borders. It also suggested the introduction of training programs for arbitrators and judges focused on the application of electronic arbitration technologies, ensuring both the efficiency and impartiality of the process. Ultimately, the study called for advancements in technological infrastructure to promote the adoption of electronic arbitration as a reliable and effective method.