E-Commerce and Challenges in Online Arbitration

Abstract

Due to the unlimited jurisdiction and active operations of electronic business, the parties to any transactions related to the e-commerce sector are governed by contractual obligations under an e-commerce contract held between them. This implies that, in case of e-commerce transactions between two parties or two countries of different legal fraternity, the arbitration rules apply and these rules as firmed by the parties themselves. Therefore, if any breach of obligation happens in the contract between the parties that will arise dispute. Primarily, parties initiate to resolve the dispute themselves through consultation depending on the circumstance. If parties are not satisfied with the consultation, then parties can go for the Alternative Dispute Resolution Mechanism (hereinafter ADR) for settlement of disputes. This practice, is to be conducted in pursuance of the international law rules which has been accepted by the legal system of such parties. Presently, many difficulties arises with respect to adequate understanding of rules and laws for the settlement of disputes by arbitration tribunals. This research will aim at understanding the multifaceted choices available to the parties to establish and facilitate in e-commerce and also covers the various efforts of online arbitration towards forming the uniform legal framework among its member countries to expedite the same. Online arbitration is the best designed and sophisticated platform to increase e-commerce and their dispute settlement process. It is also very cost effective and works for the best interest of the parties. Yes, many individuals have been backed away from the courts due to unwanted delays, but on the day everyone accept it as an convenient and alternative mode of online resolution for the settlement of disputes in e-commerce, no one will be going back from choosing this way to for dispute settlement in arbitration.