القانون الواجب التطبيق على إجراءات التحكيم الإلكتروني

الملخص EN

The boom of e-commerce to push its dealers has led to the development of the dispute settlement system between its parties, and it was natural that the desired development should take into account the electronic nature, and this is what resulted in the emergence of electronic arbitration, but at the same time it has posed great challenges at the legal level, which require the creation of the necessary legal texts and structures to enable its dealers to benefit to the maximum extent from the advantages it provides them without prejudice to the rights of others.

The law applicable to electronic arbitration procedures is one of the most complex issues in the field of electronic arbitration due to the overlap of a number of conflicting considerations regarding its determination, and the absence of uniform rules regarding this, which raises many problems that need research and solution, which are mainly related to the privacy of electronic arbitration, and this explains that most of the rules related to its procedures are set by arbitral tribunals that take sites on the internet while the legislative regulation of them seems to be deficient in several aspects as a modem system that is still in the stage of formation and spread, which imposed the application of the same principles that are applied in traditional arbitration.