Commercial Arbitration and the Possibility of Its Application to Online Form in Saudi Arabia and in Light of International Conventions and ODR Experiences in the United States: Challenges and Suggestions

Abstract

With the new arbitration system in Saudi Arabia and current advancements in technology, specifically in Internet technology, some traditional activities have been replaced, and even the legal aspects of business have also been penetrated by the new advances in information technology. One of these is in the area of international commercial arbitration. Currently, some multinational companies seek to resolve their disputes through electronic arbitration and mediation. Hence, this dissertation looks at the potential success of Saudi commercial law and the application of traditional commercial arbitration to an online format in Saudi Arabia. According to the research that this dissertation has made, there are factors that exactly determine the success of traditional commercial arbitration and its application in online form in Saudi arbitration and in light of international conventions. The first that the general provisions and principles of commercial arbitration should remain. Next is that both parties involved should understand the content and procedures of arbitration. Finally, the necessary principles and procedures in traditional arbitration should be translated into electronic means successfully. In this regard, the parties should determine which kinds of adaptions will ensure the spontaneous procedure of the arbitration.