Electronic Arbitration Agreement in International Commercial Arbitration
During the COVID-era, our world shifted to online dispute resolution mechanisms. The field of information technology has contributed a lot to the development of online dispute resolution systems including arbitration. New electronic contracting tools are being used by businesses all over the world. Many legal questions about the enforceability of electronically-signed documents have arisen as a result of this paperless process. In the case of the arbitration agreement, the same issue arises. The importance of the signature in an arbitration agreement cannot be overstated. The signature not only demonstrates the parties willingness to submit to arbitration, but it also confirms the parties commitment to follow the arbitration agreement’s The party that prevails and wishes to enforce an arbitral award based on the New York Convention's provisions must consider the formal requirements set forth in Article II of the Convention; failure to do so may result in the nullity of the final award under Article V (1) of the Convention (a). The only grounds for refusing to enforce a foreign arbitral award are set forth in Article V of the New York Convention rules[ New York Convention 1958.]. Article V refers to agreements under Article II of the New York Convention which refers to the arbitration agreement. In other words, if an arbitration agreement is found to be invalid, the entire arbitral process is also declared invalid. The award becomes null and void as a result of this procedure
Year of publication: |
[2022]
|
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Authors: | Mohanta, Tejaswa |
Publisher: |
[S.l.] : SSRN |
Subject: | Internationale Schiedsgerichtsbarkeit | International commercial arbitration | Schiedsgerichtsbarkeit | Arbitration | Welt | World | Schlichtung | Conciliation | Internationales Handelsrecht | International trade law |
Saved in:
freely available
Extent: | 1 Online-Ressource (9 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments January 15, 2022 erstellt |
Other identifiers: | 10.2139/ssrn.4009480 [DOI] |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10013296460
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