الوساطة الإلكترونية كآلية لحل منازعات عقود التجارة الإلكترونية

Abstract EN

The electronic intermediation is considered as one of the alternative tools to solve the emerging quarrels in electronic environment for its simplicity and easy functioning characteristics.

it is also based on the autonomy to determine the procedural rules.

that enables it to overcome the laws' deficits that regulate the electronic transactions and to rise above the difficulty of determining the jurisdiction and the law to be applied which are determined according to specific geographic bases contradicted to worldwide electronic transactions.

the electronic intermediation is based on the interfere of the third party “mediator”, whose main characteristics are: confidentiality, honesty and experience.

his (mediator) principle role is to converge the conflicting sides 'views and to determine the points of contention between them until to reach a satisfied agreement to the both sides.

this agreement will become binding after it is signed.

although the mediator's crucial role, he has no authority in all the intermediation phases to impose or to oblige the parties by a specific decision.