A Study of Some Legal Issues of Online Arbitration
ABSTRACT
As a new form of ADR, online arbitration has encountered some unique legal issues, such as how to determine the writing requirements for the arbitration agreement and the award, how to define the place of arbitration and the place where the award is made, how to determine choice of procedural law and substantive law, and how to recognize and enforce the award. Provided that the relevant national law recognizes the legal validity of cyber activities, most issues can be resolved by using traditional principles and norms applied in international commercial arbitration. But the de-localism theory supplies a new method to solve the difficulties.
KEYWORDS:Keywords: online arbitration; international commercial arbitration, de-localized theory