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@article{1160442, author = {Halla, Slavomír}, article_location = {Brno}, article_number = {2}, keywords = {Online arbitration; virtual arbitration; electronic means of communication; seat of arbitration; agreement in writing}, language = {eng}, issn = {1802-5943}, journal = {Masaryk University Journal of Law and Technology}, title = {Arbitration Going Online – New Challenges in 21st Century?}, url = {https://mujlt.law.muni.cz/view.php?cisloclanku=2011100010}, volume = {5}, year = {2011} }
TY - JOUR ID - 1160442 AU - Halla, Slavomír PY - 2011 TI - Arbitration Going Online – New Challenges in 21st Century? JF - Masaryk University Journal of Law and Technology VL - 5 IS - 2 SP - 215-225 EP - 215-225 SN - 18025943 KW - Online arbitration KW - virtual arbitration KW - electronic means of communication KW - seat of arbitration KW - agreement in writing UR - https://mujlt.law.muni.cz/view.php?cisloclanku=2011100010 N2 - Accessibility of data via Internet allowed for an immense growth of international commerce. Millions of transactions are done every year by means of electronic communication. Customers no longer need to go to solid shops; merchants no longer need to sign solid copies of orders and contracts. Virtual reality has stepped in. Not everything has changed – disputes do still arise, and they are solved in front of national courts (by definition solid institutions) or by alternative means. A great deal of disputes in international commerce is settled through arbitration proceeding. Arbitration is (again by definition) more informal and flexible mean of dispute settlement. Therefore, it is not surprising that the arbitration community is also following the latest trends, and that recently on-line arbitration has come to an existence. However, once again we might encounter problems peculiar to cyberspace. Legal framework for arbitration on international level was created before the digital society was created. Thus, on-line arbitration is encountering problems of its own. To name a few: How should a written form requirement of arbitration agreement be interpreted? What is the seat of arbitration in on-line arbitration? Is an award enforceable? And of course are we still speaking about arbitration? This article will try to point several of these difficulties out, and if possible to suggest solutions. ER -
HALLA, Slavomír. Arbitration Going Online – New Challenges in 21st Century? \textit{Masaryk University Journal of Law and Technology}. Brno, 2011, roč.~5, č.~2, s.~215-225. ISSN~1802-5943.
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