Mechanisms governing the use of online arbitration with an approach to transnational commercial documents

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Mehdi Nazemizadeh ¹ , Mohammad Shamei ²

1 - Graduated with a doctorate in public law. [e-mail]
2 - Graduated with a doctorate in public law. [e-mail]

Received: 2023-01-24 Accepted : 2023-05-07 Published : 2023-06-22

Keywords: Arbitration, Disputes, online arbitration, transnational documents,

Abstract :

The administration of justice within a reasonable period of time can be considered as one of the basic human rights; But in practice, we are witnessing that severe pressure on the judicial system and, as a result, delays in processing cases. The ultimate goal is the effective resolution of disputes in low-cost and quick ways. One of the effective ways to solve the problem of delay in judicial systems, to speed up and be cost-effective, is to use the arbitration mechanism. Arbitration, in simple language, means resolving disputes outside the court, which has been widely welcomed for the reasons mentioned above. Arbitration, like all areas of modern life, needs to be developed and reconstructed, in line with the progress of science and technology, and in this regard, various laws and special legal systems have been formulated to facilitate the resolution of disputes using online arbitration. In electronic commerce, the arbitration clause is often included in the general terms of the contract, which are requested and accepted by electronic means. Therefore, in assessing the validity of the arbitration clause, the question is raised whether the nature and electronic procedure of the contract actually enables the informed consent of the parties, and whether the arbitration clause that was sent using a computer screen without having a real copy meets the formal and formal requirements of a written document. he does? In this article, the explanation of this issue is mentioned in a descriptive and analytical way.