الضمانات الإجرائية لخصومة التحكيم الإلكتروني: دراسة مقارنة

الملخص EN

Arbitration litigation does not take place in a temporal or spatial vacuum.

but rather it starts from a specific center and geographic location in which the arbitration committee convenes and begins its functions and this center is called the spatial scope of the arbitration and since the location of the venue itself is not sufficient to control the start and progress of the arbitration procedures rather it is necessary to identify the plan These procedures are going on so that they are the basis point from which the agreement or legal period is expressed according to the time scale of the arbitration.

In the light of electronic arbitration the parties do not need to move to another country or a specific place to attend the arbitration sessions but they can participate in the arbitration procedures each of them in their home country and since the electronic arbitration procedures go faster than the traditional arbitration procedures because the Internet can provide a service to communicate and exchange documents and notes By direct electronic means then the question arises whether the completion of all arbitration procedures in electronic form does not violate the basic principles of arbitration such as the principle of respect for defense rights and the principle of equality between the parties to the dispute and ensuring the confidentiality of sessions.