Commercial Arbitration In E-Commerce Disputes: Addressing Emerging Legal Issues

Abstract

This paper explores the role of commercial arbitration in resolving disputes arising from e-commerce transactions. As the digital economy rapidly expands, traditional litigation often proves inadequate for resolving such disputes due to cross-border complexities and technological challenges. Arbitration, as a flexible and efficient mechanism, offers significant advantages but also raises emerging legal issues: enforceability of arbitration clauses in  online standard contracts, consumer protection, and cross-border enforcement of awards. By analyzing legislative frameworks, judicial trends, and international practices, this study assesses the strengths and limitations of arbitration in the e-commerce context and proposes recommendations to address these challenges.

Establish a centralized national ODR platform with dedicated e-commerce arbitration panels. Mandate clear disclosure of arbitration clauses at the point of online contract formation, with simplified consumer-friendly language. Introduce statutory provisions for the admissibility and authentication of digital evidence in arbitration. Create fee structures for low-value claims to make arbitration accessible to consumers and SMEs. Integrate blockchain and AI technologies into ODR processes, ensuring transparency and regulatory oversight. Conduct specialized training programs for arbitrators in cyber law, digital evidence, and cross-border trade practices.