Efficiency Indicators in Online Commercial Arbitration and Their Correlation with Enforcement Success in Cross-Border Disputes

سال انتشار: 1404
نوع سند: مقاله ژورنالی
زبان: انگلیسی
مشاهده: 43

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شناسه ملی سند علمی:

JR_LAW-3-1_010

تاریخ نمایه سازی: 19 بهمن 1404

چکیده مقاله:

Online commercial arbitration has become a central mechanism for resolving cross-border business disputes, driven by the rapid digitalization of trade, the expansion of e-commerce platforms, and the growing demand for swift, enforceable, and cost-efficient procedures. Yet, despite its increasing adoption, significant variation persists in the efficiency and enforcement outcomes of online arbitral proceedings. This study examines the relationship between core efficiency indicators—such as procedural duration, digital-evidence integrity, platform transparency, remote-hearing quality, and algorithm-supported case management—and the rate of successful enforcement of arbitral awards across jurisdictions. The research is grounded in empirical findings reported in recent international arbitration scholarship and enforcement analytics, providing a data-driven understanding of how digital processes influence cross-border compliance. The analysis demonstrates that efficiency is not merely a procedural advantage but a structural determinant of enforceability. Online arbitration systems that offer predictable timelines, standardized documentation protocols, and secure digital-evidence frameworks tend to achieve higher enforcement recognition in both common-law and civil-law jurisdictions. Conversely, platforms with fragmented procedural design or limited technological safeguards encounter lower enforcement success, largely due to concerns over due process, data reliability, and the authenticity of remote testimonies. The findings further indicate that advancements in digital case-management tools, including AI-supported scheduling and evidence classification, correlate with reduced procedural bottlenecks and improved transparency—two factors repeatedly linked to favorable enforcement outcomes. This study contributes to the emerging body of literature exploring the intersection of digital dispute resolution and transnational enforcement by identifying measurable indicators that predict enforcement trajectories. By mapping efficiency metrics to actual enforcement patterns, the research clarifies operational priorities for arbitral institutions, cross-border businesses, and policymakers seeking to enhance the credibility and global acceptance of online commercial arbitration. Ultimately, the results underscore that technological innovation, when paired with robust procedural safeguards, can strengthen the enforceability of arbitral awards and provide a reliable framework for resolving international commercial disputes in increasingly digitalized markets.Online commercial arbitration has become a central mechanism for resolving cross-border business disputes, driven by the rapid digitalization of trade, the expansion of e-commerce platforms, and the growing demand for swift, enforceable, and cost-efficient procedures. Yet, despite its increasing adoption, significant variation persists in the efficiency and enforcement outcomes of online arbitral proceedings. This study examines the relationship between core efficiency indicators—such as procedural duration, digital-evidence integrity, platform transparency, remote-hearing quality, and algorithm-supported case management—and the rate of successful enforcement of arbitral awards across jurisdictions. The research is grounded in empirical findings reported in recent international arbitration scholarship and enforcement analytics, providing a data-driven understanding of how digital processes influence cross-border compliance. The analysis demonstrates that efficiency is not merely a procedural advantage but a structural determinant of enforceability. Online arbitration systems that offer predictable timelines, standardized documentation protocols, and secure digital-evidence frameworks tend to achieve higher enforcement recognition in both common-law and civil-law jurisdictions. Conversely, platforms with fragmented procedural design or limited technological safeguards encounter lower enforcement success, largely due to concerns over due process, data reliability, and the authenticity of remote testimonies. The findings further indicate that advancements in digital case-management tools, including AI-supported scheduling and evidence classification, correlate with reduced procedural bottlenecks and improved transparency—two factors repeatedly linked to favorable enforcement outcomes. This study contributes to the emerging body of literature exploring the intersection of digital dispute resolution and transnational enforcement by identifying measurable indicators that predict enforcement trajectories. By mapping efficiency metrics to actual enforcement patterns, the research clarifies operational priorities for arbitral institutions, cross-border businesses, and policymakers seeking to enhance the credibility and global acceptance of online commercial arbitration. Ultimately, the results underscore that technological innovation, when paired with robust procedural safeguards, can strengthen the enforceability of arbitral awards and provide a reliable framework for resolving international commercial disputes in increasingly digitalized markets.

نویسندگان

Mojtaba Hori

Doctorate in Criminal Law and Criminology from the Arman Sazan Danesh Afrin International Institute of Science and Technology.