نوع مقاله : مقاله علمی - پژوهشی
1 دانشیار گروه حقوق خصوصی دانشگاه تهران
2 دانشجوی دکتری حقوق خصوصی دانشگاه تهران
عنوان مقاله [English]
The increasing use of the Internet and cyberspace has affected the international commercial arbitration and today, instead of the traditional ones, the forms usually include printed paper or linear versions with the signature of the parties; the most modern equipment with the use of electronic communications such as the Internet, are includedto pledge the arbitration agreements. However, there are legal frameworks related to such agreements, especially the New York Convention (1958), which have been approved years before the Internet development. So, the question is raised that whether the arbitration agreement pledged by use of email or electronic filling a form available on the website could be valid under laws discussed or not? Presenting a reasonable strategy in this regard principally to answer this important question depends on whether the electronic equipment can prepare the condition of "being written" (written form) which has been considered as one of the main conditions in most of the laws for a valid arbitration agreement. The authors in the first part of paper intend to answer this question and understand the operation analysis of the subject by mentioning the legal purposes, “being in written format condition” inclusion in the New York Convention and the use of existing definitions in the commercial arbitration laws of different countries. In the second part, it has been attempted to strengthen this legal protection with latter laws combined with arguments of the first part to enrich the electronic agreements and to prepare a legal platform for users from such agreements with respect to this phenomenon pervasive in this present era.