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ODR and e-Arbitration – Trends & Challenges

This chapter is from “Online Dispute Resolution
Theory and Practice,” Mohamed Abdel Wahab, Ethan Katsh & Daniel Rainey ( Eds.), published, sold and distributed by Eleven International Publishing.
The Hague, Netherlands at: www.elevenpub.com
.

The Internet and the technological advancement in information and communication technologies (‘ICTs’) have significantly altered the way business is conducted and led to an ever-increasing use of electronic instead of paper-based means of communication and data storage. Such ICT revolutionary and innovative applications have been equally extended to the Justice system in a manner that has transmogrified, and continues to do so, in-court and out-of-court dispute resolution techniques and schemes to ensure efficiency, fairness and swift resolution of ensuing disputes.

The assiduous development of new technologies, the proper administration of justice, and access to ADR have facilitated the evolutionary transition from ADR to ODR and the emergence of ODR as a separate and independent field of dispute resolution. whilst other chapters in the book have discussed, addressed, and analyzed diverse ODR schemes and applications, this chapter shall be dedicated to online arbitration in an attempt to disambiguate the online arbitration process and assess the opportunities and barriers to the developmentthereof as an effective ODR scheme.

This chapter is divided into five sections. In section 1, the author sheds light on the conceptual framework of e-arbitration. In section 2, the issues pertaining to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral proceedings and section 4 addresses e-arbitral awards. Section 5 provides an overview of some e-arbitration projects and initiatives. Finally, the author offers some concluding observations,

 

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Mohamed S. Abdel Wahab

Dr. Mohamed S. Abdel Wahab (MCIArb.), Licence en Droit (CAI), LL.M. (CAI), CIArb Dip. International Commercial Arbitration (Balliol College, Oxford University), MPhil and Ph.D (Manchester University, UK), is an Assistant Professor, Faculty of Law (Cairo University, Egypt).  He is a Founding Partner of Zulficar & Partners where he serves as… MORE >

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