Online Arbitration – Understanding the Merits and Drawbacks of Online Arbitration

Online Arbitration – Understanding the Merits and Drawbacks of Online Arbitration

Recent emergence of new applications and technologies has affected the way enterprises do business. For the first time in history, companies are operating geographicallyindependently, but still conducting business successfully without making physical contacts. Above capability prompts corporate players to design frameworks, methods, and paradigms through which the same entities can handle conflict and address issues online. What results is the online dispute resolution also called cyber mediation platforms which allow individuals to file for complaints, attend hearings, attain legal counsel and achieve other critical legal requirements with easy. International commercial arbitration is transforming and the resultant outcomes are web-based platforms which are not only convenient, but equally time and costeffective. Sources note that even as hundreds of complaints and cases continue to be filed, the uptake of online arbitration has not been dramatic (Goodman, 2009). This is so particularly when you consider the number of people connected with the internet and who use the facility on a daily basis. This means there remains critical areas which are not entirely and successfully addressed by the internet-based systems. This analysis undertakes to examine the advantages and disadvantages of online arbitration. Of special concern for the paper will be to examine factors surrounding the slow take-up – and also predicting the future of online dispute resolution going by the current rate of technological revolution. The Scope of Cyber Arbitration Platforms Online arbitration is similar to that of offline, however, in the former, the evaluative and facilitative methods are powered through IT. Generally there is a chatroom for joint or combined sessions, another one for caucuses and a place for storing and filing legal documents. The use of a chatroom is not so varied as using a telephone, however in chat ONLINE ARBITRATION 4 rooms, one uses a keyboard to type and the screen to read the statements, claims, and arguments from the other end (Katsh and Rifkin, 2001). There are a range of systems that underpin the scope of cyber mediation. One of these is the ICANN system that settles disputes over the registration of domain names. Above system is administered by a range of ODR providers including WIPO who strive to ensure justice and understanding in matters pertaining to registration of rights. Cyber arbitration platforms also come as fully automated negotiation tech-tables. Platforms like clicknsettle, settlementonline, and cybersettle offer services that are entirely online but which focus on solving issues of monetary and financial concern. However, as opposed to those systems established by well-known global courts like the ICC, the fullyautomated cyber-spaces are neutral and give neutral advice and direction regarding the conflicts pertaining to international commercial arbitration. For example, an aggrieved individual may login in one of the sites and initiate a claim after setting a preferred period of 30 – 60 days. Above automated cyber-settlement emails to the other party and informs them that a claim has been filed (Kaufmann-Kohler, 2005).

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The party may decide to accept or reject the claim and this means that leg……………….