Research 27 ILIC 2019

Abstract:  Arbitration is an alternative method of litigation to resolve disputes arising from international trade. The development of modern and technical means and using of Internet by the users have led to the emergence of a new type of contract which called electronic contracts, as well as electronic arbitration. The existence of a foreign element in international electronic contracts, and electronic arbitration puts us before the conflict of laws that can be realized by the arbitrator or the arbitrator tribunal to resolve the dispute before them.
The conflict of laws and the determination of the applicable law shall include the arbitration from the arbitration agreement, through its proceedings and up to the issuance of the arbitrary decision. This also includes the subject of the dispute over electronic arbitration, since the applicable law is primarily based on the law of will, or the will of the parties determines the applicable law, If the will is explicit, the arbitrator or the arbitrary tribunal will take it, but if the will is not explicit, we need to resort to the implicit will that can be drawn, either to the law of the Country of residence or to the best law of the arbitration agreement or the application of the law applying to the original contract, or assigning the arbitrator to determine the applicable law alone, according to the general principles of law or rules of general international law.