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  [essays and dissertation][Law][International Business Law]International Commercial Arbitration in Net Era论文



论文编号: lw200701122156202784
论文属性: essay
论文语言:English
论文国家:U.K.
登出日期: 2007-01-12  
字数: 2000
源程序: 无
价格: 免费论文
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关键词搜索:International Commercial Arbitration   Net Era   
 
nd. The longer the procedure lasts, the more legal fee is charged. At the same time, the disputes are often concern with professional knowledge, arbitrators have to appoint experts to assessment. The expense of employing these professionals is very high. In addition, the parties and their law-bridge.net/english/ target=_blank>lawyers and arbitrators usually live in different countries, they have to make international trip to deal with the disputes. The transport fare is also very high. Hence, slow processing of arbitration will waste time and leads to the higher expenditure.


At present, because of these disadvantages, arbitration has been facing significant competition over the last few years from new tools of alternative dispute resolution (ADR) such as negotiation, mediation, conciliation, and mini-trials. These ADR mechanisms have been consistently advanced as alternative meant either to complement arbitration or to displace it altogether. So, arbitration institutions must make use of the advantage of new digital technology to short the processing, decrease the inconvenience and low the expense.


With the quick development of the Internet, e-commerce plays a more and more important role in economic growth. The development of e-commerce also makes online arbitration possible and necessary. The benefits of online arbitration are obviously. The first, convenient. The Internet has created new opportunities for parties to communicate and to engage in transactions at 英语论文网 【http://www.51lunwen.org】great distance. At the same time, the potential for disputes arising out of such communications or transactions between parties that are physically remote from each other has been increased. On-line facilities can eliminate the barrier of distance. There is no need for the parties and their law-bridge.net/english/ target=_blank>lawyers and the arbitrators to travel from one side of the Planet to the opposite side. The second, speed. Speed is equal to distance divided by time. The elimination of the barrier of distance by the Internet and the use of the Internet as the medium for resolving disputes will increase the speed with which the dispute-resolution process can be conducted. The third, affordable. Since the cost of post and travel is reduced, and the duration of the proceeding is decreased, the arbitration cost will be decreased accordingly, thus the total cost will be reduced to an affordable level.


Is online arbitration feasible?


Firstly, most parties to the international commercial disputes have the requisite technical facilities to participate in the on-line resolution of the disputes.


Secondly, if arbitration is conducted online, communication is the most important aspect. Nowadays, documents can be sent in electronic form such as by e-mail. But when it is deemed to be sent? And how to prove it? The United Nations Commission on International Trade Law (UNCITRAL) has completed its Model Law in 1996. It is intended to provide national legislators with 本文来自:英语论文网 【http://www.51lunwen.org】
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