نحو تحكيم سيبراني في فلسطين في ظل جائحة كورونا – دراسة مقارنة

Abstract

The study deals with the provisions of cyber arbitration, by shedding light on its concept, advantages and the importance of resorting to it, and studying the extent to which the legal systems address its provisions; The study concludes that the cyber arbitration process is carried out using modern means of communication, so that some arbitration procedures are carried out through modern electronic means, such as agreeing on arbitration or its sessions, listening to witnesses or issuing an arbitration decision. Therefore, cyber arbitration has many advantages and characteristics, which makes it an alternative solution to avoid the problems experienced by both ordinary litigation and ordinary arbitration in light of the Corona pandemic. By addressing the extent to which legal systems have been adopted for cyber arbitration, the study concludes that both the Qatari and Jordanian arbitration laws include the text on the use of technological means in the arbitral process, however, the Palestinian legislator did not refer to the possibility of using electronic means to hold procedures or notifications. With regard to the arbitral award and its implementation, the laws under study stipulated that the decision should be in writing and signed by the arbitrators, and that a signed copy of it be communicated to the parties, and did not indicate the extent of the mandatory or the legal value of decisions issued through modern means of communication, which could only be signed by electronic means given that the parties were notified electronically. The study recommends the necessity of including cyber arbitration in the texts of the Palestinian Arbitration Law and the advantages of the Electronic Transactions Law No. 15 of 2017 in the field of arbitration in terms of electronic signature authenticity, as well as explicitly stipulating the mechanism for implementing cyber and electronic arbitration decisions.