Digital Technologies and the Role of the Judiciary in Electronic Contract Disputes
摘要
This research investigates the legal structure governing electronic contracts and the methods for resolving disputes that arise from them, with a particular emphasis on electronic arbitration as a conflict resolution mechanism within electronic commerce. The study underscores the difficulties presented by the intangible characteristics of electronic contracts, which render conventional legal frameworks and dispute resolution techniques insufficient. It explores the intricacies involved in establishing jurisdiction and relevant laws in scenarios that include electronic transactions, where definitions of physical presence and location are not straightforward. Additionally, the research analyzes the changing function of electronic arbitration in tackling these issues, highlighting the necessity for legal systems to evolve in response to the specific requirements of digital commerce. It further addresses the legal implications of electronic arbitration agreements and the safeguards needed for consumers participating in such agreements. The results indicate that although electronic arbitration serves as a feasible alternative to traditional dispute resolution approaches, comprehensive legal reforms are essential to guarantee its efficacy in the digital era. The study concludes by offering recommendations aimed at improving the legal and institutional frameworks for the enforcement of electronic contracts and arbitration.