التحكيم الإلكتروني و مدى مناسبته للفصل في منازعات التجارة البحرية في ظل تكنولوجيا التحول الرقمي

الملخص EN

The world is now witnessing a set of legal challenges in light of the spread of a global epidemic that affected all sectors and casted its shadow on the international trade community and its disputes.

traditional methods are no longer the best way to solve international trade disputes, even alternative methods have become necessary to develop in proportion to it and the needs of the international community which has become in the midst of the epidemic and the tremendous development in the field of technology, applications of artificial intelligence, and digital transformation ; which had a great impact on international legal and commercial transactions and the focus on some issues such as electronic commerce and the associated electronic contracts and electronic signature, which lead us to think that the means to be used for resolving these disputes must have the same nature, so the idea of electronic arbitration was a modernization of the traditional arbitration system with its advantages, the most important of which are speed, flexibility and low costs.

our motive in this research is to reach the extent of possibility to modernize the traditional maritime arbitration system to reach the electronic form and to have the so-called electronic maritime arbitration in the field of the maritime trade disputes, because of the peculiarity of those disputes and their desires ; in light of the speed of adjudication in it and in accordance with the current circumstances witnessed by the world that has a great impact on all levels.

the study and research focused on showing the extent to which the electronic arbitration system can be applied to maritime disputes and the possibility of completing the maritime arbitration procedures from (inspection, experience and discussion of witnesses) through modern electronic means, and then stating how the electronic arbitration award issued in a dispute related to maritime trade is implemented and the extent of its authority.