M.A. Thesis:

legal validity of cyber arbitration in international commercial

As developments in communications technology,computer science, and the internete fields occur, an acceleration in communication, specially in the global business, is evident, as if increased trade and consequently competition on world markets have caused some changes in the international trade infrastructure. one of these great infrastructructures is resolving international trade disputes and its marginal issues system. Besides this, with the growth of Internet development, disputes arising from electronic commerce, domain registration, etc are increasing and since technology has had a profound effect on various aspects of our our lives, arbitration also has received some benefits from technological advancements, so much in fact that one can say, one of the new ways of solving business disputes is «Cyber Arbitration» which in this regard it can be said that, Cyber Arbitration is the same as the developed and modern form of traditional arbitrations with the only change that has been done to it is the method of doing it; however, the establishment of this new institution raised a variety of legal and technological issues,including communication tools, method of information, hearings, issuing and delivery of arbitration award and seat of arbitration and the formal requirements of international commercial arbitration system,including requirement of the arbitration agreement must be "in writting", form ,signature and originality of arbitration award,etc and has created some ambiguities in its legal validity Nevertheless, this thesis first deplored the traditional mechanisms of resolving disputes in the cyberspace and then proving cyber arbitration as a valid and effective method to resolve disputes and enforcable awards of electronic arbitration is issued in accordance with the Rules of the Convention on the Recognition and Execution of Foreign Arbitral Award New York 1958.

Keywords: Cyber arbitration, Convontion of New York, internet,electronic commerce, cyberspace