International Arbitration Within E-Commerce

• Published date: 25 March 2024
• Subject Matter: Corporate/Commercial Law, Litigation, Mediation & Arbitration, Corporate and Company Law, Contracts and Commercial Law, Arbitration & Dispute Resolution
• Law Firm: Boccadutri International Law Firm
• Author: Mr Calogero Boccadutri

International arbitration in e-commerce is the most practical and effective means for resolving disputes between parties.

E-commerce itself has revolutionized the way we do business, opening up new opportunities and challenges for companies around the world and breaking down geographical boundaries.

Arbitration, including electronic arbitration, offers great flexibility, making it the ideal means for resolving cross-border disputes that can arise when the actors come from different countries.

What E-commerce Entails?

In e-commerce, business transactions are based on contracts concluded electronically between parties who do not physically meet.

These distance transactions can give rise to disputes, just as in traditional commerce.

Recommended Practices in E-commerce Arbitration

In addition to the regulations and general rules that apply to all types of arbitration, there are two recommended practices for conducting an effective international arbitration in e-commerce:

1. Choose an appropriate arbitration clause. The arbitration clause is a provision included in the contract between the parties that provides for the resolution of disputes through arbitration. It is necessary to choose an arbitration clause that is specifically drafted and indicates the arbitration rules that will be applied.
2. Appoint an experienced arbitrator. The arbitrator is the person who will decide the dispute. It is important to appoint an arbitrator with experience in e-commerce and international disputes.

Advantages of Arbitration in E-commerce

International arbitration offers several advantages for resolving e-commerce disputes, including:

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