Dr Othman Mohammad Hammad
Associate Professor of Commercial Law,
College of Sharia and Law, University of Hail,
Kingdom of Saudi Arabia

Abstract:

Electronic arbitration has played a pioneering and major role in settling commercial disputes due to its speed, ease and flexibility that is not available to the national judiciary or traditional arbitration. The subject of electronic arbitration is also one of the modern topics due to the modernity of global information and communications technologies, and it harmonizes and governs these modern technologies. Electronic arbitration and its results are considered Electronic rulings are one of the most important modern means of resolving disputes that occur between parties to a contractual relationship, and since the electronic arbitration ruling issued by the arbitrator or arbitral tribunal is made by electronic means, whether in terms of writing or signature, this requires the availability of the necessary legal rules to organize it.
The problem of the research was that arbitration at the present time is considered one of the most important means sought by disputing parties in international trade and one of the most important means sought by parties in ending the dispute that occurs between parties in international trade. Therefore, a major question arises, which is how effective electronic arbitration is in Resolving electronic transaction disputes?
The objectives of the research are to clarify the concept of electronic arbitration and the mechanism on which it is based after electronic commerce has become widespread in the world, as well as to clarify the advantages and disadvantages of electronic arbitration, and how to resort to it to resolve disputes arising from electronic transactions, and to apply the ruling resulting from it.
The scope of the research was a study of the systems of Saudi Arabia and Sudanese laws. In this research, we have relied on the analytical approach and the comparative approach, and among the most prominent results that have been reached is that we have examined in this research electronic arbitration in terms of explaining its nature, its legal nature, its advantages and its obstacles. We have concluded that there is no difference between electronic arbitration and traditional arbitration in its essence, and that what distinguishes it is the immaterial nature of its procedure which results from the lack of physical presence between the two parties to the arbitration on the one hand, and the arbitrator or arbitration panel on the other hand.
Among the most prominent recommendations, the researcher recommends that the legislator in both countries pay attention to electronic arbitration, and allocate regulatory texts for it because of its special importance, so that it keeps pace with developments taking place in society, and meets the needs of natural and legal persons, so that the greatest degree of prosperity of this type of arbitration can be achieved, and Investing forward, because of the advantages achieved by electronic arbitration.
Keywords: arbitration, electronic, scope of arbitration, arbitration award procedures, and commercial disputes.

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