• Journal of Arbitration Studies
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• v.14 no.1
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• pp.61-101
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• 2004

Information and communications technologies are affecting an economic and social transformation of all countries. Without exception international commercial dispute resolution systems are faced with change its mechanism to online technology. Dispute parties can seek redress through arbitration other than litigation or mediation. Traditional dispute resolutions do not match the cyber trade environment which is basically pursuit the speed and efficiency in cyberspace. Arbitration other than resolution methods have been considered to be match with the online environment which is including party autonomy, speed and internationally accepted and binding awards. Traditional arbitration, however is lack of time and different physical location relating all parties. So we now think cyberspace as for the resolving place which is online arbitration. Even the parties exist in different space and time they may meet in the same time and space without moving or trips. Nowadays there are many online arbitration service provider serving the resolution of dispute arising with online transaction. In this paper we study the tendency for online arbitration, the recognize uncertain matters and avoiding programs its matters when use the online arbitration between disputing parties under cyber trade environment.

• International Commerce and Information Review
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• v.6 no.2
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• pp.23-41
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• 2004

Rapid development of computer and telecommunication technology brought out the expansion of electronic commerce which is the new type of business transaction. Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. And ADR refers to processes other than judicial determination in which an impartial person assists those in a dispute to resolve the issues between them. ODR refers to ADR processes assisted by information technology, particularly the internet. ODR has been available since 1996. Its development can be as passing through three broad stages : hobbyist, experimental, entrepreneurial, institutional phrase. Also, ODR has adapted a range of traditional ADR for use online, including arbitration. mediation. facilitated negotiation and case appraisal. Mediation and arbitration have been the most prevalent forms of ODR. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited. Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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• pp.191-223
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• 2003

Electronic commerce and the Internet offer unprecedented opportunities. The explosive expansion of the use of the Internet makes it possible for businesses to expand their markets and render services. Global transaction costs are easy to cut off using Internet and transaction speed is faster than before. Where cyberspace is not free from claims, Offline transaction can lead to problems and disputes the same is for cyberspace transactions. However ADR is not meet for the online transaction for speed, cost and open network system, ODR methods to resolve electronic commerce conflicts is crucial for building confidence and permitting access to justice in an online business environment. The use of the Internet and the network in dispute resolution has an impact on the types of communication implied in the relevant processes such as automated negotiation, online mediation and online arbitration and involves new technological issues such as the integrity and confidentiality of data and communication used to transmit and store data. Among the ODR systems Online Arbitration is currently binding both parties disputed and can achieve the aim of dispute award the same as the traditional arbitration. Arbitration is based on the New York Convention 1958, Arbitration Model law 1985 and national Arbitration Act that are founded on territorial area and rested on arbitration agreement, constitution of the arbitral tribunal, due process, final and binding award and enforcement of the arbitration award. To compare with this issues Online arbitration has unnecessarily legal unstability and risk. ODR is the burgeoning field and has created a new issues. All such issues which have been debated in the ADR are composed with ODR. But these are not limited Some of issues are further complicated by the nature of the online environment such as confidentiality and principle of parties. It is true that online arbitration should comply with legal provisions, but which is impossible to adhere of the law. Flexible translation and functional equivalence of legal provisions are needed for acceptance of electronic commerce disputes. Finally electronic commerce now takes place on the Internet, it is inevitable that the commercial world wants access to dispute resolution process that best suits the new commercial environment. ODR methods are processing for development and legal issues are considered by both national and international authorities. Introduction of new Conventions or amend Convention and Model law of ODR comes near.