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An Analytical Study of International Commercial Dispute Settlement with Particular Reference to Electronic Arbitration
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Mahdie Rajabzade1   , Siamak Jafarzade2 , Seyed Mahdi Ghoreishi3 |
1- M.A Student in Private Law, Faculty of Humanity, University of Urmia, Urmia, Iran.
2- Associate Professor, Department of Jurisprudence, Faculty of Humanity, University of Urmia, Urmia, Iran. (Corresponding Author)
3- Associate Professor, Department of Jurisprudence, Faculty of Humanity, University of Urmia, Urmia, Iran. |
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Abstract: (228 Views) |
| This article seeks to elucidate and analyze the position of electronic arbitration within the framework of international commercial dispute resolution. The transformation of the global trade structure and the proliferation of contracts grounded in modern communication technologies have exposed the limitations of traditional adjudicatory mechanisms, including high costs, protracted proceedings and jurisdictional complexities. Consequently, the articulation of alternative mechanisms - particularly electronic arbitration - has acquired both theoretical and practical significance as a response aligned with the exigencies of the digital economy. The present study aims to clarify the concept, legal foundations and functions of electronic arbitration, as well as to examine its relationship with the rules governing traditional arbitration under international instruments and domestic legal systems. Adopting a descriptive-analytical approach and relying on library-based research, the article explores the validity of electronic arbitration agreements, the conduct of virtual proceedings and the challenges related to the recognition and enforcement of arbitral awards rendered in electronic form. The findings indicate that, although international frameworks - through the recognition of the concept of “data messages” and an expansive interpretation of the written-form requirement - have paved the way for the acceptance of electronic arbitration, legislative gaps and practical ambiguities in certain legal systems, including Iranian law, hinder the full utilization of its potential. Accordingly, the strengthening of legal and technical infrastructures constitutes an essential prerequisite for the effective institutionalization of electronic arbitration in the sphere of transnational commerce. |
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| Keywords: Dispute Resolution, International Commercial Disputes, Traditional Arbitration, Electronic Arbitration. |
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Full-Text [PDF 699 kb]
(103 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/09/1 | Revised: 2026/05/30 | Accepted: 2025/12/18 | Published: 2026/06/22
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