إجراءات التحكيم الإلكتروني في منازعات العقد الإداري الإلكتروني : دراسة تحليلية

الملخص EN

Due to the real revolution witnessed in the year and the use of modern electronic technologies in various scientific, social and economic fields.

Yet the emergence of electronic transactions, including online contracting, and the efforts of countries to conclude and implement many of those contracts with public, natural or moral private persons, and what they may provoke these contracts are disputes and jurisprudence tended to search for a modern method that uses these same techniques to settle disputes that may arise in electronic transactions and contracts without the physical presence of the parties to the dispute, is electronic arbitration.

The study reviewed the nature of electronic arbitration in disputes of the electronic administrative contract with an indication of the benefits it achieves.

Then It explored the guarantees of forming the electronic arbitration body and the legal procedures followed before that body to reach the arbitration ruling in disputes of electronic administrative contract disputes.

The study has many results and recommendations, yet the most important of which is that electronic arbitration as an alternative method for the judiciary to settle disputes is a modern legal system that does not differ from traditional arbitration، except through the means by which its procedures are used، although the Palestinian legislator when organizing the Palestinian Arbitration Law No.

(3) (For the year 2000 AD، he did not set any legal rules governing the settlement of disputes arising by modern electronic methods، but the legislator when organizing the Electronic Transactions Law No.

(6) of 2013 indicated that it is permissible to agree to settle these disputes by arbitration.

The researcher recommended that the Palestinian legislator should interfere to amend the current Palestinian arbitration law and enact a new law regulating the settlement of disputes by electronic means to keep pace with technological developments and avoid any legal problems that arise when applying, and work to establish and develop specialized electronic arbitration institutions in the disputes that may arise from the management contract Electronically