مجلة بحوث الإدارة والاقتصاد
Volume 5, Numéro 3, Pages 391-407
2023-09-10
International Electronic Contract Dispute Resolution
Authors : Manel Bouamara .
Abstract
With the rapid spread of electronic commercial contracts, countries have attempted to keep up with their development by enacting laws to regulate them. International bodies have also approached this issue. However, they have not been able to fully understand all the details, leading to conflicts being subject to the conflicts of laws approach, which has been ineffective in addressing the advancements and the emergence of alternative rules to national laws. These alternative rules are represented by objective rules of international trade, which have manifested in the form of electronic objective rules. Their application has primarily been in arbitration rather than the judiciary. Furthermore, the proposal of the United Nations Commission on International Trade Law in 2017 introduced the technology of online dispute resolution through a computerized platform. Despite these efforts, electronic practices, particularly contracts, still lack comprehensive legal controls.
Keywords
Electronic objective rules, electronic contracts, computerized communication, computerized settlement platform
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