CHALLENGES OF COMMERCIAL ELECTRONIC ARBITRATION IN E-COMMERCE

Author – UMA NARAYANAN, ASSISTANT PROFESSOR at PRESIDENCY UNIVERSITY

BEST CITATION – UMA NARAYANAN, CHALLENGES OF COMMERCIAL ELECTRONIC ARBITRATION IN E-COMMERCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 3 (1) OF 2023, PG. 743-750, ISSN – 2583-2344.

ABSTRACT

This paper talks about E-Commercial Arbitration and how online dispute resolution methods and in the world of E-commerce today that people purchase things it plays a very important role. This paper also talks about how the consumer should be aware of the facts regarding the process and his rights and remedies. E-Commercial contracts have become a major part in everyone’s life or just say it is unavoidable as the public today prefer to purchase majority through online and do their shopping online as it is very easy and home delivery is also provided. The services provided by such e-commerce chains are also subject to certain terms and conditions. The e-commerce may not always have a proper jurisdiction as the supply place and the recipient place may not be the same and basically both parties wouldn’t like to travel for such disputes. In all this case the online arbitration plays a great role and also it is easier, less time consuming and keeps in mind interest of both the parties while making an award. The submission of evidences is also easier in such cases. Online Dispute Resolution has become a important part of the ADR system in today’s fast pace of life.Keywords: Online arbitration, virtual arbitration, electronic means of communication, New York Convention of 1958, UNCITRAL Model Law on International Commercial Arbitration, seat of arbitration, agreement in writing