Arbitration Agreement Conducted through Modern Technological Devices

Authors

Mohammad Friehat, Applied Science Private University - JordanFollow

DOI

https://doi.org/10.35192/jjoas-h.v24i1.2

Abstract

This study addresses the arbitration agreement conducted through modern technological devices, which is fundamental to the arbitral process. It represents the first step in bringing a dispute to arbitration and grants the authority to the arbitrator to resolve the conflict. The researcher employed a descriptive and analytical approach to describe the agreement, including its concept, conditions, formal and objective statements, and the analysis of legal texts to demonstrate the legal basis in both the Jordanian arbitration law and the Jordanian electronic transactions law. The study reached several conclusions, the most significant of which is that the arbitration agreement can be concluded through modern technological devices without the physical presence of the parties involved in the conflict. This approach offers several advantages, such as a quicker conclusion of the agreement, lower costs, and alignment with technological advancements. However, there are also obstacles facing this agreement, including a lack of alignment with the legal regulations governing traditional arbitration. The researcher provided several recommendations to address these obstacles, emphasizing that the most important recommendation is to expand the definitions of writing and signature to include modern technological means. This can be achieved through legislative amendments to keep pace with the rapid developments in the field of the internet.

Recommended Citation

Friehat, Mohammad (2020) "Arbitration Agreement Conducted through Modern Technological Devices," Jordan Journal of Applied Science-Humanities Series: Vol. 24: Iss. 1, Article 2.
DOI: https://doi.org/10.35192/jjoas-h.v24i1.2
Available at: https://digitalcommons.aaru.edu.jo/jjoas-h/vol24/iss1/2