The Effect Of The Global Spread Of The Corona Disease On The Tendency Of The International Arbitration System To Conclude Virtual Arbitration Agreements And Terms And To Implement The Obligations Arising From Them
Subject Areas : Civil Law
Reza
Shahidi Sadeghi
1
(Phd student of private law, Department of Private Law, Faculty of Humanities, Gorgan Branch, Islamic Azad University, Gorgan, Iran.)
Ashraf
Janati
2
(Member of the Faculty of Islamic Studies, Department of Islamic Education, Faculty of Medicine, Gilan University of Medical Sciences, Rasht, Iran.)
Keywords: Virtual Arbitration, Conclusion of Virtual Arbitration Agreement, Insertion of Virtual Arbitration Condition, Execution of Virtual Arbitration Obligations, Corona Disease.,
Abstract :
Arbitration is one of the methods for the peaceful settlement of disputes in national and international disputes. In the current era, the issue of international commercial arbitration has become especially important due to the speedy settlement process and the relative reduction of dispute resolution costs, including related issues, the issue of concluding an agreement and the clause of virtual arbitration and how to performance its obligations in this space. Due to the challenges in the process of concluding traditional arbitration agreements so far, and especially with the widespread outbreak of coronary disease (Covid-2019) and the disorder in the arbitration community, it is desirable to conclude arbitration agreements in cyberspace as a non-presence agreement. Has been found to have a significant impact on the order of the world arbitration system and is a good model for improving the process of concluding of dispute resolution agreements, and in particular arbitration agreements or clauses. Advances in the field of cyberspace technology and creating a fundamental change in the field of international trade law, in particular, increasing the facility and speed of disputing traders in concluding an arbitration agreement in cyberspace and performance the obligations arising from it, the purpose of writing this article is descriptive-analytical Is written. Despite this dangerous disease and as a result, serious challenges in the effective face-to-face interaction of the parties involved in arbitration, concluding an arbitration agreement and arbitration clause in cyberspace and performance its obligations are legally permissible, but due to lack of explicit rules and regulations. In the discussion of domestic arbitrations, the rules and regulations ruling on traditional arbitration will be inforcemented.
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