Online Arbitration in China: Practices and Issues
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Online arbitration has great potential in resolving e-commerce and conventional business disputes. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese arbitration law, in particular, the recognition of the validity of electronic arbitration agreements and awards. According to the online arbitration practices in China, the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. However, legal barriers need to be removed to facilitate the development of online arbitration.
Abstract
Online arbitration has great potential in resolving e-commerce and conventional business disputes. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese arbitration law, in particular, the recognition of the validity of electronic arbitration agreements and awards. According to the online arbitration practices in China, the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. However, legal barriers need to be removed to facilitate the development of online arbitration.
참고문헌 (8)
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- Philippe Fouchard, "Fouchard Gailllard Goldman on International Commercial arbitration", pp.429~ (1999), Kluwer Law International
- Tania Sourdin, "Alternative Dispute Resolution(the second edition)", pp.213~ (2005)
- 李虎, "网上仲裁法律问题研究" (2005), 中国民主法制出版社
