PROBLEMS OF ELIGIBILITY AND CONSENT IN THE ELECTRONIC ARBITRATION AGREEMENT

Abstract

In view of the great importance that electronic arbitration holds as a mechanism for resolving electronic commerce disputes, and given that the electronic arbitration agreement is the constitution of the electronic arbitration process, when concluding an electronic arbitration agreement, the requirements of international treaties, agreements, and national laws in the field of electronic arbitration must be taken into account, as well as the conclusion of electronic contracts. Considering that the electronic arbitration agreement is an electronic contract through which the parties agree to remove the dispute from the jurisdiction of the national judiciary and submit it to arbitrators, it is necessary to verify the availability of the formal and substantive conditions required for concluding electronic contracts. Therefore, the aim of this study is to shed light on the problems and difficulties related to verifying the eligibility of the parties and the method of expressing their will when concluding an electronic arbitration agreement, as well as the difficulty of determining the place and time of concluding that agreement.