Online Arbitration of E-commerce Disputes in the People’s Republic of China: Due Process Concerns
(주)코리아스칼라
- 최초 등록일
- 2023.04.03
- 최종 저작일
- 2022.06
- 28페이지/ 어도비 PDF
- 가격 6,700원
* 본 문서는 배포용으로 복사 및 편집이 불가합니다.
서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : China and WTO Review / 8권 / 2호
ㆍ저자명 : Xueer Chen, Chao Wang
목차
I. Introduction
II. Overview of Online Arbitration
III. Analysis based on Access to Digital Justice
IV. Expedited International CommercialArbitration Procedures
V. Conclusion
References
영어 초록
E-commerce has been rapidly growing in China which has quickly become the largest e-commerce market in the world. However, this has also led to an increasing number of e-commerce disputes. In practice, such disputes are resolved by online dispute resolution. As the results of online dispute resolution are not legally binding, however, China’s online arbitration procedure has been criticized especially regarding the conflicts between party autonomy and institutional autonomy. China’s judicial reviews would claim that such awards cannot be enforced. Therefore, there is a call to make online arbitral awards enforceable and to expand the application of online arbitration to more e-commerce disputes in China. This paper examines how to best analyse and address such conflicts. We explain the importance of arbitral institutions’ autonomy in terms of ensuring access to justice as well as the importance of limiting party autonomy in certain circumstances due to the rise in online disputes.
참고 자료
없음
"China and WTO Review"의 다른 논문
더보기 (4/9)