ELECTRONIC ARBITRATION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article attempts to define the legal type of dispute resolution in the Internet as an alternative form of dispute resolution, researches the causes of necessity use of such dispute solution way. Cross-border type of the relationship is researching in the field of IT technologies and as a consequence, the cross-border type of the dispute resolution. Basic terms, which this direction uses, are determining. The analysis of substantive and procedural relationship makes it possible to conclude that it include the transboundary type of these relations, despite the fact that the Internet has no limits or borders. Moreover it shows the variety of ways of alternative dispute resolution, and the main trends that can exist in the world. Besides conclusion was made to the complex type of the composition of the relations which creates in the industry of electronic commerce with its own legal system, with the possible name IT Lex Mercatoria. In the article main aim is to justify arbitration way of the disputes consideration in the Internet and electronic commerce as a way which is responsible for its legal type of its relationship, which are formed in the IT field. The justification for this way is based on the research of the legal type of the alternative arbitration method of dispute resolution and electronic commerce. The relevance of the chosen theme for the research is determined by the rapid development of electronic commerce and other relations that develop in the Internet on this one way and the need for an adequate and effective way to protect these relations and dispute resolution in this industry. Analytical materials for the article were the research of international practices, laws that exist in the IT field and a few scientific publications on this topic.
Authors and Affiliations
В. Ю. Полатай
Keywords
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