الوسائل البديلة لتسوية منازعات عقد التجارة الإلكترونية: دراسة وفقا للقانون الفرنسي والأوروبي

Abstract EN

E-commerce contracts have played an important role in recent years through remote or intercontinental trade, which has greatly inflated local and international trade, making the world deal with it as one of the aspects of trade in the last two decades, which is equivalent to traditional trade in many things, and even more than it sometimes.

accordingly, the e-commerce contract has gained great interest from the legislative and judicial authorities at the level of countries and organizations, which was reflected in the organization and recognition of this contract to increase the confidence of dealers in it, and then by settling the disputes of this contract with procedures and rules that ensure the achievement of justice that achieves the purpose of this contract.

since the e-commerce contract generates some legal and judicial problems due to its nature and the different locations of its parties, and the resulting conflict of judicial jurisdiction in it, as well as in determining the applicable law, all of this necessitated that jurists devise other means to achieve justice away from the traditional courts.

the power of judicial rulings, and is characterized by ease and ease.

therefore, this research will address the issue of settling electronic commerce contract disputes by alternative means by looking at the procedures for settling these disputes in France and the European union, by discussing the most important of these means such as settlement and arbitration (the first requirement) and related problems and differences, and then we discuss mediation (the second requirement) and we will separate them in terms of their concept and methods, and we also need to consider some other alternative means of settling these disputes (the third requirement).