الإجراء التحكيمي ذو المواصفات الالكترونية في منازعات التجارة الدولية

الملخص EN

Electronic commerce is no longer a simple promotional means for the distribution of consumer goods, but it has rather become closer to the parallel market for traditional distribution, and whatever pattern this commerce takes, the special context in which private transactions take place on the Internet has led to the emergence of conflicts conditioned on certain technical aspects or certain characteristics to the world of the Internet.

And what increases the complexity of settling these disputes is its international dimension.

So, online arbitration has become the ideal alternative due to the many advantages it provides for resolving these disputes (conflicts) through a remote arbitration procedures management.

Our study aims through this research to reveal the problems about whether the disputes that arise between people dealing with electronic commerce can be resolved in a satisfactory manner through arbitration using electronic means, and from it, we can easily realize some of the difficulties that may constitute an obstacle to accepting and implementing an arbitration procedure because of its formality.

Of course, we discuss in this case the technical issues such as proof, security and electronic confidentiality, to which answers must be provided without neglecting the special precautions that require “online” arbitration to be applied in settling commercial disputes.

One of the most important findings of this study is that what hinders “online” arbitration is that the existing texts lag behind technical developments, and for the most part they remain dependent on the time when the contract and judgment were registered in writing.

However, it is necessary to recognize that the arbitration clause and the mission statement of the arbitrators, or even the award itself, can be established, transmitted and preserved in electronic form.

Key words: Arbitration-electronic arbitration-virtual arbitration court-international commercial rules chamber- typical arbitration law.