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Online Arbitration of E-commerce Disputes in the People’s Republic of China: Due Process Concerns KCI 등재 SCOPUS

  • 언어ENG
  • URLhttps://db.koreascholar.com/Article/Detail/415920
구독 기관 인증 시 무료 이용이 가능합니다. 6,700원
이준국제법연구원 (YIJUN Institute of International Law)
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.

목차
I. Introduction
II. Overview of Online Arbitration
III. Analysis based on Access to Digital Justice
IV. Expedited International CommercialArbitration Procedures
V. Conclusion
References
저자
  • Xueer Chen(Lecturer at Guangzhou College of Commerce, China. Ph.D.)
  • Chao Wang(Corresponding Author. Associate Professor at the University of Macau Faculty of Law, China. Ph.D.)