الفهرس 
انعقاد شرط التحكيم فى منازعات عقد البيع التجارى الإلكترونىيوجد فقط 14 صفحة متاحة للعرض العام
المستخلص
535
ABSTRACT
Electronic arbitration (also known as online arbitration, cyber
arbitration, virtual arbitration, or arbitration using online
techniques) is an Alternative Dispute Resolution method (ADR),
and precisely an Online Dispute Resolution technique (ODR),
and
it constitutes a recent process dispute resolution mechanism
between economic agents using information and communication
technology.
E
-
arbitration is inseparable from the growth of commercial
sale contracts and cross
-
border trade transactions.
e
-
Arbitra
tion is no different from traditional arbitration traditional
or normal but in terms of employment created by means of
modern information and communications revolution at all stages
of the arbitration process, starting from the agreed upon and
through the
end of its procedures and the issuance of the rule.
Electronic commerce operations are based on contracts
concluded electronically between “absent” co
-
contractors (i.e.
those who do not physically meet).
Arbitration is a proceeding in which an impart
ial arbiter whose
decision the parties to the dispute have agreed resolves a
dispute, or legislation has decreed, will be final and binding.
Arbitral proceedings and an arbitral award are generally non
-
public, and can be made confidential.
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The confiden
tiality of the arbitration process may appeal to
those who do not wish the terms of a settlement to be known.
Perhaps one of the most important benefits of the electronic
arbitration is more speed in the determination of the dispute,
and the economy in
expenditure, in addition to the advantage of
experience in the areas of e
-
commerce, intellectual property,
which are available in the arbitrators.
Knowledge of the law applicable to the subject of the e
-
arbitration and procedures of important issues, becau
se
knowledge of this law is the basis for issuance of the arbitration
award, and therefore the resolution of conflict and termination.
Arbitral awards are usually final and binding, which avoids a
drawn
-
out appeals process
.
What makes online arbitration demanding and attractive is
both its non
-
judicial way to settle disputes, as well as the use of
electronic, technological, and innovative means to go about the
process by appointing an arbitration panel vested with a bindin
g
authority and conducting the process, on virtual platforms using
the Internet.
Contracting parties in such transactions expect a swift, cost
-
effective and efficient dispute resolution mechanism.
This thesis examine the advantages and disadvantages
of
online arbitration, and it concludes that online arbitration is a
valid and effective method of dispute resolution, and it also
537
proves that online arbitration is more binding than traditional
arbitration, because it is effective without being subject to
so
many legal obstacles especially the requirement of the form
required by most national laws, through special mechanisms
belong to online arbitration, pioneered the implementation of the
sentence without the need to resort to national jurisdiction of the
individuals.
It is no coincidence therefore that an increasing number of
domestic legislations and international regulations adhere to the
rules governing E
-
arbitration.
Therefore, we recommend the holding of international
conferences and seminar to
show the concept of electronic
arbitration and to highlight the importance and growing role in
the resolution of disputes relating to electronic commerce
.
We should work to provide security for the legal informational
transactions conducted through the
Internet, and promote it, and
develop it, and have to use modern and sophisticated
techniques to maintain a physical presence for electronic Editors
and electronic signature, must be on the competent authorities
and interested in the affairs of electronic
arbitration to prepare
studies and research on e
-
commerce transactions and digital
contracts and their relationship to e
-
arbitration, in addition to the
development of human resources in the field of electronic
arbitration.
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Finally, online arbitration
will prove to be an important
phenomenon within the regime of international commercial
arbitration, and certainly, most arbitral institutions will invest in
online arbitration