الآثار المترتبة على تفعيل دور القاضي في التحكيم الإلكتروني

الملخص EN

With the remarkable growth in the electronic information, the world has relied on this technique in various transactions, in line with this development, electronic judgement has come into being (sometimes mentioned as remote/ arbitration), which is indeed " special judicial system in which the parties agree to refer the dispute and electively to a neutral third party to appoint a person or several people to settle the dispute using the modern communication tools.

This is done according to suitable systematic rule to the topic and the way of case settlement in order to issue a biding judicial decree for all parties.

One of the advantages that characterize the electronic commercial juding is its relevance to the nature of electronic contracts, which makes this way of arbitration most suitable to settle disputes related to digital transactions.

Although the electronic judging is a natural continuation of the traditional one, but being so recent that it lacked the national legislation and international conventions that govern it, many difficulties and challenges have emerged in more than one legal matter.

Based on the above, I will focus on this thesis on the role of the national judge in activating the electronic commercial arbitration both at the level of the used methods and its implication taking into consideration that emergence of the electronic commercial judging has shown the limitation of the traditional rules.