Sufficiency of the International Instruments and Jordanian Legislation for resolution of E-commerce disputes through E-Arbitration

Abstract

The development of e-communication, whether locally or internationally, has influenced all walks of life. The most affected field by that development has been the e-commerce. As is well known, the legal relations in e-commerce radiates in most cases resulting in disputes between the e-trading parties who are governed by various legal systems and jurisdictions owing to the different countries of parties to the e-commerce. It is eminent that the arbitration is the method that the litigants resort to for dispute resolution. The question arises as to possible resolution of potential disputes between the e-commerce litigants seeking satisfactory solution through traditional arbitration. Based on the foregoing, the study addressed sufficiency of the International instruments and Jordanian legislation for resolution of e-commerce disputes through e-arbitration. To this end, the author divided the study into two chapters: the first addressed how the e-arbitration hearing can be different than the traditional one. This chapter has been divided into two sections: the first addressed the merits and demerits of e-arbitration; the second section addressed whether the e-arbitration is an evolution to the traditional arbitration; the second chapter addressed compatibility of modern technology with communication and information in the arbitration proceedings. To address this subject this chapter has been divided into three sections: the first addressed how the international conventions and the national laws handle the writing clause in e-arbitration; the second section addressed how the arbitration team in UNCITRAL deals with the writing clause in e-arbitration; the third section addressed the way justice deals with the writing clause in e-arbitration. The author came up with a set of conclusions and recommendations.