The Urgency of Arbitration Clause in International Trade Contract of Electronic Transaction

DOI

10.2991/assehr.k.200917.013How to use a DOI?

Keywords

Arbitration clause, electronic-based contract, international trade, electronic transaction

Abstract

Technology of Information has shifted the type of international trade from complicated way under particular domestic and international regulations to more simple way. Electronic transaction (i.e., e-commerce), in fact, seems like denying jurisdictions that countries have. A citizen of a state may simply do a transaction with someone from another state. However, e-commerce may also bring particular problems on which the subjects are in dispute, given that it is a non-face-to-face transaction and each of the parties engaged are in different states. It will be more complicated if neither legal option nor forum is established during the contract settlement. The injured party may definitely encounter difficulties in proposing a legal action, especially on which the engaged parties are in different states. Therefore, this paper aimed to analyze the urgency of mentioning arbitration clause in international trade contract of e-commerce. It was conducted through library study using three approaches including statute, conceptual, and legal comparison approaches. The result found that mentioning arbitration clause in international trade contract of e-commerce is crucial to provide legal assurance for every engaged party when they were in dispute.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Mohammad Zamroni
PY  - 2020
DA  - 2020/09/17
TI  - The Urgency of Arbitration Clause in International Trade Contract of Electronic Transaction
BT  - Proceedings of the Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019)
PB  - Atlantis Press
SP  - 49
EP  - 53
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200917.013
DO  - 10.2991/assehr.k.200917.013
ID  - Zamroni2020
ER  -