International Commercial Arbitration in Net Era(6)

When the panel is ready to hear the case, the case administrator informs the parties and the arbitrators the time and entry password to enter the conference system, such as teleconference system, videoconference system and web conference system. If in special circumstance, the parties require or the panel thinks it is necessary to here in-person, there should be such a hearing. If the parties agree to hear the case by e-mail, then it is unnecessary to have a conference and the hearing should be based on the documents.

At earlier stage, since the parties and their lawyers and arbitrators maybe are not expert in conducting arbitration online, there should be both existing rules and the special rules for online arbitration, and model arbitration agreement should be provided. Online arbitration rules only apply to the parties have selected the online arbitration and the e-mail address or other electronic communication measure are available. All the documents should be sent both online and via mail.

In conclusion, we think if arbitration is conducted online, the advantages of arbitration will be maximized, and the disadvantages will be minimized, and arbitration will play a more important role in international business. Actually, the relevant arbitration institutions are forwarding to this objective. The WIPO International Conference on Dispute Resolution in Electronic Commerce is in processing now, and online arbitration is one of the hot topics.

Footnotes:
1. http://www.iccwbo.or/arb/23htm
2. The Arbitrator Vol 14, No.3, Nov, 1995, pp. 169
3. Most International Chamber of Commerce (ICC) arbitrators these days last between 2 and 3 years. See III. a of "An Inside
View of the ICC Court" by Robert H. Smith in Arbitration International, 10/1, 1994.
4. Paul D. Carrington, Virtual Arbitration, OHIO State Journal on Dispute Resolution, Vol 15/3, 2000
5. For a historical study of the subject, see Lord Mustill, Arbitration: History and Background, 6 J. INT'L ARB. 43, 55
(1989)
WIPO, Final Report of the WIPO Internet Domain Name Process, THE MANAGEMENT OF INTERNET NAMES AND ADDRESSES: INTELLECTUAL
PROPERTY ISSUES, Para 211, available at http://wipo2.wipo.int/process1/report/finalreport.html .
6. Melissa De Zwart, Electronic Commerce: Promises, Potential and Proposals, available at
http://www.law.unsw.edu.au/unswlj/ecommerce/zwart.html
7. For example, the Digital Signature Act of 1999 of USA.
8. WIPO, Final Report of the WIPO Internet Domain Name Process, THE MANAGEMENT OF INTERNET NAMES AND ADDRESSES: INTELLECTUAL
PROPERTY ISSUES, Para 213, available at http://wipo2.wipo.int/process1/report/finalreport.html .
9. For example, WEBdispute.com?is one of the on-line dispute resolution services provider. It conduct online arbitration at
http://webdispute.com .
10. WIPO, Final Report of the WIPO Internet Domain Name Process, THE MANAGEMENT OF INTERNET NAMES AND ADDRESSES: INTELLECTUAL
PROPERTY ISSUES, Para 214, available at http://wipo2.wipo.int/process1/report/finalreport.html .

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