The Scope of the Application of Electronic Arbitration in Resolving Electronic Contract Disputes

This research aims to address the issue of electronic contract dispute settlement through electronic arbitration, which is considered a modern method utilized toresolveelectronic contract disputes between the parties to the legal relationship. This research also seeks to define the term ‘ electronic arbitration”and its problems, obstacles, how to implement its provisions and the procedures that must be followed to come up with a unified global model for the regulation of legal arbitration. The problem of this research lies indefining national and regional legislation to address all the issues presented by electronic contracts and how to arbitrate their disputes in an attempt to keep pace with the rapid developments of technology.The significance of this research lies in elucidating the substantive and procedural legal aspects of electronic arbitrationand understanding the law applicable to it in light of challenges in determining the place and time of the issuance of the electronic arbitrationawardbecause of the diverse locations where the parties to the disputes reside and the arbitral tribunal.Finally, its importance lies in attempting to guide how to implement electronic arbitration provisions. Keywords: electronic arbitration, electronic contracts, settlement of commercial disputes, nature of electronic arbitration, arbitration judgment, arbitration procedures, arbitrators. DOI: 10.7176/JLPG/124-01 Publication date:September 30th 2022

Legal Aspects of the Formation of Electronic Contracts in Tanzania: A Case Study of Tanzania-Japan Business Relationship

A contract is essentially the main way through which trade negotiations are implemented.[1] The contract normally contains rights and obligations of the parties to a business transaction.[2] In the context of international trade normally the parties to the contract are based in different countries.[3] This factor plays an important and compelling role in the choice of nature of contracts involved which in most cases, is Electronic Contract. Electronic contracts seems to be an effective[4] and efficient means of conducting international trade transactions for they save time and cost of paper work and traveling to meet business partners.[5] The use of electronic contract is also dictated by the changes in the global system of conducting business which is shifting from paper based system to electronic system / cyber market where by communication is simplified electronically ( Internet connection).[6] For example the contracts of purchase of vehicles concluded by Tanzanians who purchases cars from Japan through electronic contracts with the Japanese car dealers The focus of this research is to examine the legal aspects of formation of Electronic Contracts in Tanzanian Context. The main objective is to examine some legal challenges associated with formation of electronic contract in line with the adequacy of the Tanzania Law of Contract Act in as far as formation of electronic contracts is concerned. The leading question is the extent to which the Tanzanian Laws governing contracts can accommodate the legal challenges surrounding electronic contracts Other countries like India have already enacted a law to regulate formation of electronic contract. The law is termed The Information and Communication Technology Act.[7] The Act provides for the mode of communicating online offers and acceptance and other matters related to that like the mode of fixing electronic signatures.[8] The findings of this study revealed that Tanzania has no specific law to regulate the formation of electronic contracts.[9] [1]N.N. Kilekamajenga, The Cyber-Market: Formation of Contract Under The United Nation  on the Use of Electronic Communication in The Open University Law Journal .Vol 2,79.  “One vital criterion in international trade is the cross border transaction of goods. However such exchange of goods is done through agreements.” [2] S. Vivek , supra, note 2, p.140. [3] Article 1 of CUECIC [4] S. Vivek, supra note 2 , p.116 [5] N.N.N. Nditi, The General Principals of Contract Law in East Africa, Dar es salaam University Press, Dar es Salaam, 2009,p 15,48. [6] N.N Kilekamajenga, supra note 3, p.179 [7]Electronic Contract and the Indian Laws by Asian School of Cyber-Law available at   www.asianlaw.org last accessed in December, 2009. [8] www.asianlaw.org last accessed in December 2009. [9]Tanzania Position Paper on E-Commerce available at http:// www.irct.tz/documents/positiononpaperone-commerceadobe.pdf last accessed on 15 June 2010

Contracts in the commercial law of foreign countries: topical issues of theory and practice

Commercial contracts are the main tool for regulating relations between enterprises, regardless of their geographical location.The purpose of the research is the analysis and study of modern trends, features, and problems related to the conclusion and execution of commercial contracts in foreign countries. The main tasks are: 1. Study of the main principles of commercial law of foreign countries. Consideration of key aspects of commercial law of different countries, such as the principles of contract law, executive law, and other important aspects affecting the conclusion and performance of contracts. 2. Study of current problems and challenges. Consideration of modern problems of conclusion, execution, and disputes under contracts in the commercial law of foreign countries, such as problems of electronic commerce, international trade disputes, protection of consumer rights, and other relevant issues. 3. Study of international trends. Analysis of modern international trends in the field of commercial law, such as the harmonization of legal norms, the development of electronic commerce, the impact of technology on the conclusion and performance of contracts, international cooperation, and integration. Current theoretical approaches, principles, and general rules related to commercial contracts in foreign countries are studied. The problems arising in the practice of conclusion and execution of such contracts have been identified. Common principles and features of regulation of commercial contracts in various foreign countries are established

FINDING INTERNATIONAL CONTRACTING OPPORTUNITIES: AI EXTENSIONS TO EDI

Electronic Data Interchange (EDI) offers a telecommunications infrastructure for inter-business communications. This paper proposes a particular use of that infra-structure to aid firms in identifying contracting opportunities, particularly where international trade is involved. We focus on two aspects of this problem: navigating the legal procedures relating to such contracts and managing the multi-lingual communications

HUKUM BISNIS DAN PERANNYA DALAM TRANSAKSI E-COMMERCE

The rise of Internet and social media users in Indonesia has made the (online) transaction e-commerce business increasingly growing. The increase in the number of buying and selling online has indirectly impacted on the development of legal regulations. In running an online business or conducting online transactions, there are several aspects. the law of e-commerce and buying and selling online or electronically that you should know. Online transactions are usually defined as electronic contracts, namely legal bonds or relationships that are carried out electronically that combine networks of computer-based information systems with systems. Online buying and selling was born because of a contract. buying and selling that occurs electronically between the seller and the buyer. However, until now the rules for electronic trading are still not clearly written in the applicable laws in the territory of Indonesia. This is because the legal terms of the agreement electronically have not been specifically regulated. In principle , the existing rules m The Civil Code, which is a reference in making contracts for online sale and purchase transactions. As long as this contract has fulfilled the 4 legal terms of the agreement referred to in the Civil Code, the online transaction contract can be considered valid and binding on both sellers and buyers

A comparative review of legislative reform of electronic contract formation in South Africa

Electronic contracts in the new technological age and electronic commerce have brought about world-wide legal uncertainty. When compared to the traditional paper-based method of writing and signing, the question has arisen whether contracts concluded by electronic means should be recognised as valid and enforceable agreements in terms of the functional equivalence approach. This study will examine the law regulating e-commerce from a South African perspective in contrast to international trends and e-commerce law from the perspective of the United States. The research investigates various aspects of contract formation such as time and place, validity of electronic agreements, electronic signatures, attribution of electronic data messages and signatures, automated transaction as well as select aspects of e-jurisdiction from a South African and United States viewpoint.Mercantile LawLL

Legal Aspect of Sports Contract: Analysis of Legal Instruments In Implementing E-Sports Contract

E-sports, or electronic sports, has become a global phenomenon that has experienced rapid growth in recent years. In Indonesia, e-sports has also experienced significant development. The emergence of professional players has an impact on the relationship between players and e-sports clubs as a professional relationship. This study aims to analyze the legal instruments of e-sports contracts in Indonesia. As a relatively new sport in Indonesia, it is important to know what legal instruments govern the contractual aspects of e-sports. This study uses a qualitative approach by conducting a literature review, interviewing e-sports players, and analyzing secondary data. The results of the study show that e-sports in Indonesia have experienced rapid growth, with an increasing number of tournaments and competitions being held locally and internationally.Thus, the player’s relationship with the club is bound by a professional contract, which in this case is based on the legal instrument of the Labor Law No. 13 of 2003 which regulates general provisions in work agreements. Indonesian Esports Executive Board Regulations Article 5 Paragraph 1 PPBESI 34/2021 regulates the rights obtained by players in contracts and articles 1320 and 1338 of the Civil Code as the fundamental basis for making contracts for both professional and amateur players. Keywords: E-sports, contract, sport

The Iraqi consumer protection in international electronic contracts: issues on jurisdictions and applicable law

The Iraqi Civil Law (ICL) No. 40 of 1951 generally deals with all issues concerning conventional contracts in Iraq. The ICL, however, does not cover important aspects of international electronic contracts particularly concerning jurisdictional issues and applicable law. This study examined the rights provided by the international law to consumers who deal with international electronic contracts on issues concerning jurisdiction and applicable law and compared the laws in Iraq to those in the European Union (EU). The objectives include to find solutions to the current problems in Iraq and to propose recommendations for improvement in this area of law. This study adopted the doctrinal approach in assessing the law which was corroborated by interviews with key figures specialized in the field of private international law in Iraq. Analytical, historical, comparative and thematic methods were employed in analyzing the data for this study. The study found that the current Iraqi legal framework does not provide appropriate protection to consumers who involve in international electronic contracts. This study recommends the Iraqi government to adopt a comprehensive legal framework as taken by the EU to address the issues of consumer protection in international electronic contracts as to guarantee better protection for consumers in this field. As such, amendment to the existing law is necessary including modifications to the ICL, Iraqi Electronic Signature and Transactions Act, and Iraqi Consumer Protection Law, so that Iraqi consumers will be equipped with appropriate legal protection when they carry out international transactions electronically

Comparative Study of the Formation of Electronic Contracts in American Law with References to International and Mexican Law

A comparative analysis of electronic contract formation law in the United States, Mexico, and the international arena is necessary to understand the evolution and future of electronic contracting. Using new communication technologies, such as developmental instruments of electronic commerce, has clear benefits, but also brings risks and uncertainties to electronic contracting. Although modern laws tend toward uniformity in modern transactions, certain aspects may still cause controversy. In purely electronic transactions, the most important legal determination concerns the establishment of an offer and an acceptance, memorialized through electronic messages absent written documentation and the human intervention of an automatic exchange. Consequently, it is necessary to find the adequate juridical solutions that will reduce, if not eliminate, any risks and uncertainties now inherent in electronic transactions. In American law, the fundamental principles of contract formation can be found in the Uniform Commercial Code, although other laws have been enacted to further regulate electronic transactions. Mexican law is codified in the Código de Comercio, the Código Civil Federal, and other related statutes. Finally, the United Nations Convention on Contracts for the International Sale of Goods governs international contract law. Although modern laws tend toward uniformity, certain aspects of contract law remain controversial, and therefore encourage review. Comparative analysis of the laws is necessary to keep pace with recent technological changes and to find adequate juridical solutions