I. Introduction 3 II. General Characteristics of Online Arbitration 5




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at 3.

12 The first well known writing specifically on online arbitration was authorized by Jasna Arsic and published by Journal of International Arbitration in 1997 – J. Arsic, “International Commercial Arbitration on the Internet: Has the Future Come Too Early?” (1997) 14 J. Int’l Arb. 209.

13 T. Schultz, Online Arbitration: Binding or Non-Binding?, (2002) ADRonline Monthly 11, online: .

14 This article does not refer to any specific or ”hybrid” forms of arbitration, such as “non-binding arbitration” or “optionally binding arbitration”, and also “med-arb” or ICANN’s UDRP.

15 I. Manevy, Online dispute resolution: what future?, online: .

16 H. Yu & M. Nasir, “Can Online Arbitration Exist Within the Traditional Arbitration Framework?” (2003) 20 J. Int’l Arb. 455 at 458.

17 Ibid.

18 See: M. Schellekens, “Online Arbitration and E-commerce” (2002) 9 Electronic Communication Law Review 113. This article provides an overview of the arbitration initiatives that have geared up to solve disputes online.

19 Convention on the Recognition and Enforcement of Foreign Arbitral Awards is available online at: .

20 United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration is available online at: .

21 European Convention on International Commercial Arbitration, United Nations, Treaty Series, vol. 484, p. 364 No. 7041 (1963-1964) entered into force in 1964. Currently, there are some works on possible revision of the convention. See: United Nations Economic and Social Council, Advisory Group to Consider Possible Revisions to the European Convention on International Commercial Arbitration of 1961, online: . This opens the possibility to adapt the Convention to the needs of dispute settlement by means of electronic commerce. Although some EU member states (including the United Kingdom) have not ratified the convention, it may be argued that they should do that, taking into consideration Article 293 clause 4 of the EC Treaty: “Member States, shall, so far as is necessary, enter into negotiations with each other with a view to securing for the benefits of their nationals […] the simplification of formalities governing the reciprocal recognition and enforcement of judgments of courts or tribunals and of arbitration awards”.

22 Inter-American Convention on International Commercial Arbitration (Organization of American States, Treaty Series, no. 42) entered into force in 1976. The text of the convention, and the list of contracting states, is available online at .

23 Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (Organization of American States, Treaty Series, no. 51) entered into force in 1980. The text of the convention together with the list of signatories and ratifications is available online at .

24 This article is not intended to include any comprehensive analysis of solutions adopted in national arbitration laws. It contains, however, a number of representative examples. According to Cachard: „A comparative study of arbitration law shows a convergence of the general principles governing arbitration procedure in the various legal systems” – Supra Note Error: Reference source not found at 31.

25 It is worth mentioning here that though New York Convention is today undoubtedly the most important document of international arbitrational law, by virtue of the more-favorable-right provision of the Article VII.1 NYC, a party seeking enforcement of a foreign award is not obliged to base its enforcement on the New York Convention. They may choose to base the enforcement on another treaty or national law.

26 See, e.g., Art. 178 of the Swiss Act on Private International Law: “As to form, the arbitration agreement shall be valid if it is made in writing, by telegram, telex, telecopier, or any other means of communication that establishes the terms of the agreement by a text”; Article 1443 of French Code of Civil Procedure: “To be valid, an arbitration clause shall be in writing and included in the contract or in a document to which it refers” and also Article 1449; Article 1677 of the Belgian Judicial Code: “An arbitration agreement shall be constituted by an instrument in writing signed by the parties or by other documents binding on the parties and showing their intention to have recourse to arbitration”; Section 2 of the US Federal Arbitration Act; and Article 16 of the Arbitrations Law of the People’s Republic of China 1995.

27 See, e.g., J. Collier, V. Lowe, The settlement of disputes in international law (Oxford: University Press, 1999) at 200.

28 Supra Note Error: Reference source not found at 458.

29 Supra Note Error: Reference source not found at 31.

30 R. Hill, “On-line Arbitration: Issues and Solutions”, (1999) 15 Arb. Int’l. 199, available also online:
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