Analyzing the Challenges of Online Arbitration in Light of the Principles of Fair Trial

The expansion of information and communication technologies in recent decades has fundamentally transformed dispute resolution methods, paving the way for the emergence of novel mechanisms such as online arbitration. As one of the most significant branches of Online Dispute Resolution (ODR), online arbitration utilizes digital platforms to facilitate faster, more cost-effective, and cross-border resolution of disputes. However, the transition of the arbitration process from traditional physical settings to electronic platforms has raised critical questions regarding compliance with the fundamental principles of a fair trial. Principles such as the equality of the parties, the right to be heard, the independence and impartiality of the arbitrator, confidentiality, and information security represent the benchmarks upon which the legitimacy of any adjudicatory process depends, and they may encounter specific challenges in the digital environment.This research aims to analyze online arbitration in light of fair trial principles and to examine the challenges introduced by digital technologies into the arbitral process. To this end, the conceptual and theoretical foundations of online arbitration and the position of fair trial principles in arbitral proceedings are first explored, followed by an analysis of the international and domestic legal frameworks governing online arbitration. The findings indicate that while online arbitration possesses significant potential to enhance access to justice and the efficiency of dispute resolution systems, the absence of appropriate legal frameworks and secure technical infrastructures may compromise some of the essential guarantees of a fair trial. Accordingly, this study emphasizes that ensuring procedural justice in online arbitration requires a coordinated set of measures in legislation, arbitration system design, the deployment of advanced authentication and data security technologies, and the promotion of arbitrators’ digital literacy and skills. Ultimately, online arbitration is not inherently incompatible with fair trial principles; rather, if properly regulated, it can serve as an effective instrument for realizing justice in the digital sphere.

کلیدواژه ها:

Online Arbitration ، Online Dispute Resolution (ODR) ، Fair Trial ، Procedural Justice ، E-Commerce ، Information Security