Residential College | false |
Status | 已發表Published |
Online Arbitration of E-commerce Disputes in the People’s Republic of China: Due Process Concerns | |
Chao Wang1; Xueer Chen2 | |
2022-09 | |
Source Publication | China and WTO Review |
ISSN | 2383-8221 |
Volume | 8Issue: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. |
Keyword | Digital Justice Institutional Autonomy Judicial Reviews Online Arbitration Parties’ Procedural Rights |
DOI | 10.14330/cwr.2022.8.2.01 |
URL | View the original |
Indexed By | ESCI |
Language | 英語English |
WOS Research Area | Government & Law |
WOS Subject | Law |
WOS ID | WOS:000849774800002 |
Scopus ID | 2-s2.0-85138711255 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | Faculty of Law DEPARTMENT OF MACAO LEGAL STUDIES |
Corresponding Author | Chao Wang |
Affiliation | 1.Faculty of Law, University of Macau 2.:Guangzhou College of Commerce, No.206 Jiulong Blvd, Huangpu, Guangzhou, Guangdog Province, PRC |
First Author Affilication | Faculty of Law |
Corresponding Author Affilication | Faculty 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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