The Legal System of the Electronic Arbitration Agreement in International Commercial Contracts: A Comparative Study
Dr. Khadija Boudali
Associate Professor (Lecturer “A”) – Private Law – Faculty of Law and Political Science – University of Mustapha Stambouli – Mascara – Algeria
The impact of the huge technological revolution in the field of information and communication has extended to all aspects of life, and international trade is among the systems that have been greatly affected by the electronic system. It is well known that the great importance of arbitration in the field of resolving international trade contract disputes has led to it becoming a resort sought by concluding arbitration agreements through modern means of communication instead of the familiar paper documents, which raised many problems about determining the parties to the electronic contract, the time and place of its convening and documentation, and using it as a document in facing others. This is what made the comparative and international legal systems attach great importance to the legal system of the electronic arbitration agreement.
In this regard, a set of results and recommendations have been reached, the most important of which is the necessity to develop legislation and an international legal system to govern this type of transaction, deal with such developments, and keep pace with them, so that all developments that can occur in the age of electronics are harmonized.
Keywords: data, virtual world, arbitration, international, arbitration agreement.