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124 J.L. Pol'y & Globalization 1 (2022)

handle is hein.journals/jawpglob124 and id is 1 raw text is: Journal of Law, Policy and Globalization wwwate.-1 ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) Vol.124, 2022 15 The Scope of the Application of Electronic Arbitration in Resolving Electronic Contract Disputes Dr. Rasha Bashar Ismail Alsabbagh Assistant Proffessor - Private Law College of Science and Human Studies, Shaqra University . Kingdom of Saudi Arabia E: Rashasabbagh40@yahoo.com Abstract This research aims to address the issue of electronic contract dispute settlement through electronic arbitration, which is considered a modern method utilized toresolveelectronic contract disputes between the parties to the legal relationship. This research also seeks to define the term ' electronic arbitrationand its problems, obstacles, how to implement its provisions and the procedures that must be followed to come up with a unified global model for the regulation of legal arbitration. The problem of this research lies indefining national and regional legislation to address all the issues presented by electronic contracts and how to arbitrate their disputes in an attempt to keep pace with the rapid developments of technology.The significance of this research lies in elucidating the substantive and procedural legal aspects of electronic arbitrationand understanding the law applicable to it in light of challenges in determining the place and time of the issuance of the electronic arbitrationawardbecause of the diverse locations where the parties to the disputes reside and the arbitral tribunal.Finally, its importance lies in attempting to guide how to implement electronic arbitration provisions. Keywords: electronic arbitration, electronic contracts, settlement of commercial disputes, nature of electronic arbitration, arbitration judgment, arbitration procedures, arbitrators. DOI: 10.7176/JLPG/124-01 Publication date: September 30th 2022 Introduction The scientific development in the digital field has led to the development of all areas of contemporary life, the most important of which is the commercial fields, and electronic commercial contracts are a view of the speed of concluding and implementing contracts. However, the huge volume of electronic commercial operations is accompanied by the emergence of various electronic problems affecting contracts and their implementation. Resolving disputes electronically differs from the way they are resolved traditionally in terms of methods and modes'. Electronic arbitration is basically conducted and proceeds via the Internet until the conclusion of the trial by issuing an arbitral award of a digital nature. Therefore, this research will be divided into threemain sections: the first section deals with the nature of electronic arbitration, where the second deals with electronic arbitration procedures for settling commercial disputes, and the third section will address the problems arising from the electronic arbitral award. Section One: The nature of electronic arbitration In this section, the concept of arbitration, its legal nature and the scope of its application will be presented. First: The concept of electronic arbitration Arbitration is defined as the agreement between disputants to submit the dispute that arises between them regarding the implementation of a specific contract, or to refer a dispute that has already arisen between them, to one or more individuals, who are called arbitrators, to decide on their dispute and claims2.It is also known as a legal system for resolving commercial disputes outside the judiciary courts, where the parties to the dispute choose special arbitrators who determine the subject of the dispute, its applicable law as well asmakes a binding decision on the dispute3.Some defineit as an optional judicial institution chosen by the litigants'will to resolve a dispute among them.4 Arbitration can be considered a legal act made up of three wills: the legislator's authorization of using traditional or electronic arbitration as a substitute for the judicial process, the partieschoice to use electronic 'Bakhramova, M. (2022). E-Arbitration and Its Role in Modern Jurisprudence. Journal of Ethics and Diversity in International Communication, 1(8), 15-20. 2 Al-Zuhaili, Muhammad, Sharia and Legal Arbitration in the Present Era, Damascus University Journal of Economic and Legal Sciences - Volume 27 - Third Issue, 2011, p. 367. s El-Feqi, Atef Mohamed, Multilateral Commercial Arbitration, A Comparative Study, Dar Al-Nahda Al-Arabiya, Cairo, 2005, p. 5. 4 Al-Zahrani, Falah Bin Musa, Arbitration in Banking Disputes in the Gulf Cooperation Council Countries An Applied Comparative Rooting Study, Master's Thesis, Naif Arab University for Security Sciences, College of Graduate Studies, Department of Criminal Justice, Specialization in Criminal Policy, 2010, p. 23 1

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