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Online Arbitration of E-commerce Disputes in the People’s Republic of China: Due Process Concerns
Chao Wang1; Xueer Chen2
2022-09
Source PublicationChina and WTO Review
ISSN2383-8221
Volume8Issue:2Pages:227-254
Other Abstract

E-commerce has been rapidly growing in China which has quickly become the largest e-commerce market in the world. However, this has also led to an increasing number of e-commerce disputes. In practice, such disputes are resolved by online dispute resolution. As the results of online dispute resolution are not legally binding, however, China’s online arbitration procedure has been criticized especially regarding the conflicts between party autonomy and institutional autonomy. China’s judicial reviews would claim that such awards cannot be enforced. Therefore, there is a call to make online arbitral awards enforceable and to expand the application of online arbitration to more e-commerce disputes in China. This paper examines how to best analyse and address such conflicts. We explain the importance of arbitral institutions’ autonomy in terms of ensuring access to justice as well as the importance of limiting party autonomy in certain circumstances due to the rise in online disputes.

KeywordDigital Justice Institutional Autonomy Judicial Reviews Online Arbitration Parties’ Procedural Rights
DOI10.14330/cwr.2022.8.2.01
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000849774800002
Scopus ID2-s2.0-85138711255
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF MACAO LEGAL STUDIES
Corresponding AuthorChao Wang
Affiliation1.Faculty of Law, University of Macau
2.:Guangzhou College of Commerce, No.206 Jiulong Blvd, Huangpu, Guangzhou, Guangdog Province, PRC
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Chao Wang,Xueer Chen. Online Arbitration of E-commerce Disputes in the People’s Republic of China: Due Process Concerns[J]. China and WTO Review, 2022, 8(2), 227-254.
APA Chao Wang., & Xueer Chen (2022). Online Arbitration of E-commerce Disputes in the People’s Republic of China: Due Process Concerns. China and WTO Review, 8(2), 227-254.
MLA Chao Wang,et al."Online Arbitration of E-commerce Disputes in the People’s Republic of China: Due Process Concerns".China and WTO Review 8.2(2022):227-254.
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