THE LEGAL CAPACITY OF INTERNATIONAL CONVENTIONS AND LAWS TO LEGALISE E-ARBITRATION

Abstract

Traditional arbitration is not seen as exhaustive anymore and faces several shortcomings in dealing with international commercialdisputes. Therefore, the need for a more effective arbitration methodto complement the existing traditional method of arbitration inhandling domestic and international commercial disputes becomes apressing necessity. Electronic arbitration (hereinafter referred to as“e-arbitration”) might be the initial step to accomplish this aspiredgoal. However, e-arbitration has not been regulated yet at theinternational level. By using doctrinal legal research methodology,this contribution endeavours to examine the legal capacity ofinternational conventions and laws to legalise e-arbitration. Bothprimary and secondary data are analytically and critically evaluatedusing content analysis method. It is discovered that the New York Convention 1958 is not legally sufficient to recognise e-arbitrationbecause it was enacted before the emergence of current moderntechnologies and communication. However, the UNCITRAL ModelLaws, such as Electronic Commerce 1996, Electronic Signatures 2001,Model Law on International Commercial Arbitration 1985, and theUnited Nations Convention on the Use of Electronic Communicationsin International Contracts 2005, may play a considerable role inrecognising e-arbitration in the context of New York Convention1958. To summarise, several legal gaps need to be addressed;therefore, the study recommends that the international arbitrationcommunities, such as UNCITRAL, should develop an internationallegal framework to directly and precisely regulate e-arbitration toenhance legal validity of e-arbitration and to provide internationalharmonisation and uniformity