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Online Judgment in the Context of International and National Rules: Ethical and Legal Challenges
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Abstract: (881 Views) |
Background: Online judgment is an economical and faster way than the judicial one. With the development of technology in recent decades, it has also been possible to make judgments online. Although few countries have incorporated this approach into their laws, online judgments are being developed and implemented in various areas such as international trade or intellectual property. The present study tries to discuss the legal and ethical challenges of online judgment.
Conclusion: Judging online in terms of general rules is no different from the concept of arbitration in its entirety, and the only difference is the use of the Internet, especially in the process of voting. All documents, including judgments, will be sent to arbitrators and parties as a matter of fact. Holding a hearing in online judgment largely depends on the technological capabilities of the countries, and therefore contrary to domestic law, the decision to hold a hearing is generally with the parties rather than the arbitrator. The arbitral award shall be in duplicate available to the national courts. Therefore, for the validity of arbitration opinions one should refer to the domestic law of the countries and measure the validity of the electronic signature in the domestic law of the countries. But in the context of international institutions, online judgments are generally valid and enforceable. Online judgment should also be based on ethics in order to do justice.
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| Keywords: Ethics, Judgment, International trade, Online voting |
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Full-Text [PDF 401 kb]
(389 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2020/04/3 | Accepted: 2020/06/6 | Published: 2022/08/28
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