The role of digital arbitration in the resolution of electronic commerce disputes between the necessity of application and the imperative of confrontation

Abstract

The world has recently undergone a major shift in international information technology, software and communications, which has been regarded as a global revolution in many areas. and transformed traditional means of commercial transactions into electronic means of communication through the promotion, exchange and completion of transactions of goods using modern telecommunications and information exchange technology without the parties meeting in one place, Whether mutual commitments can be implemented electronically or require concrete physical implementation which created for us e-commerce that has become a reality of a real pension, It is also one of the economic pillars of the State and an important mechanism for raising productivity.

This necessitates the provision of the appropriate legal environment and the search for means to ensure that they are controlled within a systematic and regulated legal framework, In particular, contracts involving international parties via the Internet require delving into private international law, the determination of the judicial area for the resolution of electronic commerce disputes and the determination of applicable law was a major burden on parties and States, which prompted their clients to seek alternative electronic mechanisms to replace traditional courts to settle disputes resulting from the use of electronic media in their commercial transactions, so-called ODR dispute resolution. s electronic teleconference, this has made recourse to electronic or digital arbitration as a virtual judge system a requirement of many international organizations and associations.

The forms raised: how effective is digital or electronic arbitration in resolving e-commerce disputes?

We therefore divide our research into two sections, dealing with section I: the conceptual framework for electronic commerce as well as digital electronic arbitration, and section II: the role of digital arbitration in the termination and resolution of e-commerce disputes.