E-mail: [email protected]
Mobile: +964(0)7504731854
التحكــيم الإلكترونــــي في المعامـــلات الدوليــــــــة -بين الخصوصية والفاعلية
Keywords: Electronic arbitration – Electronic transactions – Request for Electronic arbitration – Evidence before the Arbitrators – Applicable law – Arbitral Award.
PROCEEDINGS OF 8th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law / Tishk International University
Date:1-2. February 2024
Venue: Kurdistan Region- Erbil
ISBN: 979-8-9890269-1-3
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PhD student Jalila moutahir PhD student Wail el ayat
University mohamed Ⅴ- Rabat University sidi mohamed ben abdelah–fez
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Abstract
The development of the electronic field has contributed to the transfer of legal transactions to the digital space, which relies on the adoption of modern means of communication, called electronic transactions, and the increase in the volume of the latter has contributed to the growth of Internet use and the dissemination of the information culture among the public, so that it has become necessary to provide significant protection and safeguards to deal with all disputes that affect the field of international transactions of an electronic nature, as is the case for ordinary traditional transactions, and we can find the most important guarantee in this framework of electronic arbitration as an alternative means of dispute resolution.it differs from ordinary arbitration only in its virtual nature, so that it is conducted remotely without the physical presence of the parties, and is also characterized by the element of speed for the resolution of the dispute.
Electronic arbitration aims to purify and secure the environment of electronic transactions through the settlement and resolution of disputes arising from a legal relationship, while taking into account the requirements and rules contained in the various laws and arbitration systems. Thus, electronic arbitration is characterized by traits in the context of transactions of an international nature. Electronic arbitration is based on a set of procedures which, in their entirety, reflect the safety of the functioning of this mechanism, so that the arbitral verdict may have legal validity against the parties to the dispute. thus, electronic arbitration has become inevitable in light of our electronic transactions due to its compatibility with aspects of international trade, that its actors, including traders and consumers, shall endeavour not to be subject to restrictions on national judicial power, and all these elements will ultimately push us to diagnose the effectiveness of this mechanism on the reality of international transactions and to encourage recourse to it in a way that guarantees all rights and obligations when the subject in question is important .
The objective of this study is to show the legislative gaps of this modern system in order to find innovative ways to establish rules and legislation that follow the evolution of the electronic field and to secure all aspects of its processing, including the conduct of the electronic arbitration methodin addition to developing a futuristic vision to improve the role of electronic arbitration in electronic and international dispute resolution.
لائحة المراجع
الكتب
البحوث
الأطاريح والرسائل
القوانيـن والاتفاقيات
المواقع الإلكترونية