List of Articles Virtual Arbitration

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  1 - 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
  Reza Shahidi Sadeghi Ashraf Janati
  10.61186/ahrar.38609.2.4.31
  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 relativ More

  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. Manuscript profile
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  2 - Civil liability of arbitrators in online arbitration
  Reza Shahidi sadeghi
  Arbitration is one of the most common methods of peaceful dispute resolution in domestic and international disputes outside of state courts. In the present era, international commercial arbitration has become more important among merchants due to its faster resolution a More

  Arbitration is one of the most common methods of peaceful dispute resolution in domestic and international disputes outside of state courts. In the present era, international commercial arbitration has become more important among merchants due to its faster resolution and cost savings for both parties, and therefore, access to new communication technologies by the global community has led to the emergence of arbitration in the virtual world and become a matter of concern. Therefore, arbitrators accept certain duties under the arbitration agreement between the parties, which, if not fulfilled, may result in civil liability for breach of contract and consequently, cause material and moral damages and establish causation. In general, the legal system of customary law has accepted immunity (exemption) from liability for international arbitrators, and in written legal systems and the arbitration system of Iran, the principle of civil liability of arbitrators has been accepted. The question that arises in the mind of the writer is what effects and provisions are applicable to the civil liability of arbitrators in virtual arbitration? In response, it should be said that due to the lack of independent, explicit, comprehensive, and coherent laws and regulations on the civil liability of arbitrators in virtual space in domestic and international areas and the fact that virtual arbitration is essentially similar to traditional arbitration, and only differ in formalities and procedures governing the process, it seems that the issue of civil liability of arbitrators in traditional and virtual arbitration does not have much difference in terms of effects and provisions. Manuscript profile