دور التحكيم الإلكتروني في حل النزاعات التجارية

الملخص EN

The study examined the role of electronic arbitration in resolving commercial disputes, in terms of defining commercial disputes, their origin, types and forms of commercial disputes, and the effect of electronic arbitration in resolving these disputes.

The importance of the study lies in the fact that one of the role of arbitration in general - and electronic arbitration in particular - is in resolving disputes of a civil nature, and there is no doubt that commercial disputes have become a large space in the current era due to the development of international trade, and the emergence of more advanced patterns and the use of modern technology in their transactions Which calls for another development in the aspect of arbitration in line with this development.

The study aimed to identify commercial disputes, to know the types, patterns and means of commercial disputes, and to address the role of electronic arbitration in resolving commercial disputes.

The study followed the inductive analytical approach and the comparative approach.

The study reached several results and recommendations, the most important results are that electronic arbitration appeared with the emergence of e-commerce, as we find that electronic arbitration takes place through electronic means via the web from the agreement on arbitration until the issuance of the decision and its notification so that it is distinguished from traditional arbitration, and electronic arbitration has many advantages represented In the simplicity of procedures, speed, confidentiality, confidence of the parties, the experience of the arbitrator.

While the most important recommendations came in the necessity of enacting legislation and regulations by legislators and setting provisions and rules that contribute to organizing electronic arbitration to contribute to the processes of attracting foreign investments, and seeking to benefit from the experiences of developed countries in the field of technology by transferring their experiences in this regard.