luận văn thạc sĩ online arbitration international experiences and lessons for vietnam

MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS ONLINE ARBITRATION: INTERNATIONAL EXPERIENCES AND LESSONS FOR VIETNAM Major: International Trade Policy and Law NGUYEN BAO HOA Ha Noi - 2020 MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS ONLINE ARBITRATION: INTERNATIONAL EXPERIENCES AND LESSONS FOR VIETNAM Major: International Trade Policy and Law Code: 1706060005 Student: Nguyen Bao Hoa SUPERVISOR: Assoc Prof Nguyen Minh Hang Ha Noi - 2020 i DECLARATION I confirm that that this Master Thesis has been written solely by the undersigned and contains the work of no other person or people except where explicitly identified to the contrary I also state that said Master thesis has not been submitted elsewhere for the fulfillment of any other qualification It was written with the thorough guidance of my supervisor - Assoc Prof Nguyen Minh Hang th Hanoi, … 18 2020 Author Nguyen Bao Hoa ii ACKNOWLEDGEMENT The dissertation has been completed with the great guidance of Acc Prof Nguyen Minh Hang I would like to express my sincere thanks for her patience and massive help with reading the whole of the thesis and making valuable comments for my research By this occasion, I am much grateful to the Department of Graduate Studies and Foreign Trade University - who have always create most favorable conditions for MITPL6 students in completing our study Thank you so much for their generosity and I owe a debt of gratitude to all helpers iii ABSTRACT Alternative Dispute Resolutions are mechanisms designed to solve disputes outside the scope of traditional jurisdiction New technologies may be incorporated to ADRs in order to facilitate the procedure and make it more efficient and less expensive manner In this thesis I will metion about the specific case of arbitration procedures that are conducted exclusively through electronic means of communication Online arbitration is an ideal dispute resolution mechanism to solve disputes arising from B2B transactions for various reasons, among others, because it allows parties to select a specialist they both trust to solve the controversy with an award that is binding for both parties, but that respect the minimum necessary formalities of the procedure Additionally, the use of electronic means of communication allows the procedure to be conducted in a faster pace, from any location, and allowing parties to get access to the documents of the procedure at any place at any time There is currently no legal framework designed specifically for the conduction of online arbitration procedures; therefore, the rules for traditional commercial arbitration should be used Even though the rules of traditional arbitration allow the existence of the online version, due to its special characteristics, online arbitration requires a set of rules designed especially for it Online arbitration requires a legal framework that regulates the use of electronic means of communication in the procedure, the way in which notifications shall be performed and acknowledgement of receipt granted The legal framework should also prescrible the obligation of the parties to take the necessary measures to ensure that the security and confidentiality of all the information exchanged in the procedure Finally, parties should be able to select the extra judicial mechanisms that they deem convenient for enforcing the award in an easy and fast manner iv TABLE OF CONTENTS DECLARATION i ACKNOWLEDGEMENT ii ABSTRACT iii TABLE OF CONTENTS iv LIST OF ABBREVIATIONS vi INTRODUCTION CHAPTER 1: OVERVIEW OF ARBITRATION AND ONLINE ARBITRATION 10 1.1 Arbitration and its advantages 10 1.1.1 Arbitration 10 1.1.2 Advantages of Arbitration in comparison with traditional jurisdiction 11 1.2 Online dispute resolution 13 1.2.1 Concept of online dispute resolution 13 1.2.2 Characteristics of online dispute resolution 15 1.3 Online arbitration 17 1.3.1 Concept of online arbitration 17 1.3.2 Structure and legal basis of electronic arbitration 20 1.3.3 Advantages and disadvantages of online arbitration 20 1.3.4 Block-chain regulation and Machine Made Justice in Online Arbitration 23 1.3.5 Applicable law to online arbitration 25 CHAPTER 2: APPLICATION OF ONLINE ARBITRATION IN THE WORLD AND IN VIETNAM 32 2.1 International experience of online arbitration in the world 33 2.1.1 Experience of online arbitration in EU 33 2.1.2 Experience of online arbitration in Iran 35 2.1.3 Experience of online arbitration in US 36 2.1.4 Experience of online arbitration in Singapore 40 v 2.1.5 Experience of online arbitration in Indonesia 41 2.2 Online arbitration in Vietnam 43 2.2.1 Legal provisions on online dispute resolution and online arbitration 43 2.2.2 The application of online arbitration in Vietnam 50 2.2.3 Opportunities of applying online arbitration in Vietnam 56 2.2.4 Difficulties when applying online arbitration in Vietnam 59 CHAPTER 3: RECOMMENDATIONS AND SUGGESTIONS 62 3.1 Recommendations for the state of Vietnam 62 3.2 Recommendationsfor e-commerce businesses 67 3.3 Recommendations for online arbitration providers 69 3.4 Recommendations for IT and telecommunications infrastructure vendors 70 3.5 Recommendations for consumers 72 3.6 General trend around the World after pandemic 73 3.6.1 Trends after Corona Virus Pandemic 73 3.6.2 Legal framework for digital transformation for legal proceedings in Vietnam 75 CONCLUSION 77 REFERENCE 81 vi LIST OF ABBREVIATIONS No Acronym Explanation SIAC Singapore International Arbitration Center LCC London Commercial Court DIFCC The Courts of the Dubai International Financial Centre UAE United Arab Emirates CISG United Nations Convention on Contracts forthe International Sale of Goods (Vienna, 1980) LCIA The London Court of International Arbitration ODR Online Dispute Resolution ADR Alternative Dispute Resolution QMUL Queen Mary University of London 10 SIFoCC Standing International Forum of Commercial Courts 11 VIAC Vietnam International Arbitration Center 12 VMC Vietnam Mediation Center 13 UNCITRAL The United Nations Commission on International Trade Law 14 UNCITRAL Model Law UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006 15 IT Information Technology 16 AI Artificial Intelligence 17 ¶ Paragraph INTRODUCTION Rationale International trade continues to increase in online volume, resulting in a sharp increase in disputes arising from such online commerce Accordingly, arbitration is the preferred method for resolving international trade disputes, in which online arbitration is the standard of alternative dispute resolution in the near future, especially in the field of e-commerce When the court could not afford to resolve the dispute, online arbitration has become a legal method of dispute resolution everywhere in the world with different levels of scope and application For online arbitration to be accepted, it is necessary to determine which basic rules will govern the choice of law, jurisdiction and enforcement of the award Online arbitration can inherit the characteristics of traditional arbitration, can also shorten the time of making judgments, save time and cost for all parties, apply modern technology to support aid dispute process In addition, online arbitration is particularly suitable for e-commerce, when the number of disputes arising is becoming more and more complicated in large numbers along with the rapid growth of payment and e-commerce The main content of the thesis will review the research and development of online arbitration in the world, study and refer to the experience of developing online arbitration of developed countries in the world and developing countries Like Vietnam, through which, the writer made recommendations to effectively apply online arbitration in Vietnam Litterature review There are several researches on ODR in general and online arbitration in particular Frank (1997) in the study of Online Systems in Alternative Dispute Resolution found that the problem with online arbitration is difficult in selecting the appropriate law to apply to the dispute Arbitrators may only need to apply applicable legal rules to determine the law governing the value of the dispute, but it is often unclear what choice of laws rules will govern a particular dispute when Legal systems cannot be clearly defined when applied in Cyberspace Frank (1997) also argues that contractual obligations are the only effective means of contracting parties with online courts Therefore, the incorporation of online terms must be included in the user registration agreements Accordingly, the use of online systems to resolve binding disputes will be less restrictive Eddie (2000) argues that in the context of national legal systems related to censorship technology, there have been calls for adjustment of international commercial arbitration to consider the issue of online arbitration Accordingly, the parties to the Internet dispute will be comfortable, resolving their disputes through the same means that they are doing business Online arbitration also provides an incentive for the parties to agree on a dispute settlement system and the parties will be able to bypass formal legal institutions and maximize government intervention Eddie also discusses a number of special and very important issues that will need to be addressed to ensure the proper and legal functioning of online arbitration including: time frames applicable to online arbitration; rights of the parties to the dispute regarding access to the material; requests concerning communication between the parties and the arbitrator; procedure to cater for authenticated or authoritative situations; and instructions on the appearance and enforcement of online arbitration.Meanwhile, Llewellyn et al (2002) found that large costs, jurisdiction and transnational lawsuits were not feasible to perform in court,not provide an equal playing field for online arbitration in disputes between merchants although at the time this system may not exist or be inadequate for disputes between consumers and traders 70 Vietnam The best source for online arbitration is from experience in applying conventions and model laws appropriately, referring to the application of the results of previous online disputes such as the experience in the US to handle disputes arising in Vietnam 3.4 Recommendations for IT and telecommunications infrastructure vendors The role of information technology and telecommunications infrastructure providers is also important because in order for online arbitration to develop, the first condition is to improve the information technology and telecommunications infrastructure Firstly, Internet service providers need to synchronize information and telecommunications technology infrastructure in regions across the country, enabling businesses and consumers to access the Internet on computers and on mobile devices Secondly, a national portal managed by a governmental authority needs to be established to receive complaints that require settlement of disputes, especially ecommerce disputes This technology infrastructure is the place to collect and verify information to conduct arbitration online At present, the Competition Department of the Ministry of Industry and Trade also has a portal for consumers to reflect complaints, but it is still limited in consumer protection and takes too much time to process information Vietnam can apply the European Arbitration Model of the European Union to improve the legal basis as well as build technological infrastructure for online arbitration to be widely applied Thirdly, Vietnam needs to ensure a low cost, high-bandwidth infrastructure system and all people must have network access equipment, which helps to universalize the use of online arbitration in disputes In addition to the already deployed 4G LTE mobile communication network, it is necessary to quickly deploy the universal 5G network due to the increasing data transmission requirements This 71 is a prerequisite because broadband infrastructure will be the foundation for the digital economy and e-commerce Vietnam's electronics and IT businesses such as VNPT Technolgy, Viettel, and VinGroup should focus on investing and producing smartphones with low cost, an opportunity for Vietnam to close the digital gap with developed countries At the same time, the equitization of telecommunications enterprises needs to be promoted to create motivation to compete more and thus continue to reduce telecommunications service charges to improve people's access Fourthly, businesses must have policies to develop a contingent of experts, IT scientists in general and the field of security, information security and network security in particular to ensure safety for online arbitration and e-commerce.Based on the characteristics of the 4th industrial revolution, it can be seen that with increasing automation and application of digitization in production processes, natural resources, unskilled labor is increasingly losing advantages; Production is shifting from countries with unskilled labor and resources to countries with many research and development centers, skilled workers, highly specialized workers and near consumption markets The world economy entered a period of growth mainly based on technology and innovation, which are unlimited motivations instead of growth mainly based on resource exploitation, capital use, unskilled labor are always limited inputs The advantage of cheap and low-skilled labor resources in Vietnam will be lost due to the process of increasing automation and application of digitization in the production process, so businesses should prioritize investment in facilities for information technology, electronics and telecommunications training establishments; formulating curriculum framework and national standard curriculum on IT and enabling excellent IT engineers to study and study abroad to learn new technologies of international level 83 83 See https://rev.org.vn/mot-so-dinh-huong-chien-luoc-phat-trien-ha-tang-cong-nghe-thong-tin-trong-cuoc-cach-ma ng-cong-nghiep-lan-thu-tu/ 72 Finally, businesses need to promote international cooperation on IT and take initiative in acquiring advanced scientific and technological achievements of the world, towards mastering technology and developing IT products to build healthy cyberspace for both arbitration institutions and consumers 3.5 Recommendations for consumers Consumers, who are buying and selling goods and services in e-commerce, need to be aware of their rights and raise their awareness to protect their interests and then bravely proactively use ODR to protect their own interests.Consumers also play an important role in promoting online arbitration in Vietnam Firstly, experience from developed countries such as the US and Europe shows that consumers should actively demand their rights when disputes (though small value) arise with traders, especially e-commerce websites In addition, consumers need to understand the law and have information that intermediaries evaluate the transparency of websites and consumer protection agencies so that they can ask for help when needed The fierceness of consumers will be the pressure on traders to openly and transparently process online arbitration procedures and increasingly respect consumers Secondly, consumers should proactively consume wisely and thoroughly understand the form of online shopping Consumers should only buy from reputable, licensed websites; Learn about the terms and conditions of the website (Term & Conditions), especially the terms of disputes, complaints, warranties, returns, refunds, delivery, Besides, it is necessary to find out carefully about the product / service before buying: consumers can search for information about products / services on the internet such as: origin, features, reviews (review) about products / services in order 73 to avoid buying low-quality products / services Accordingly, the poor quality websites, less intelligent in handling disputes online will gradually lose customers.In case of a dispute arising in e-commerce with business organizations and individuals, which the above-mentioned units handle unfair and non-transparent disputes, consumers may contact management agencies for support and advice 84 Finally, consumers who buy online also need to use a variety of single payment methods such as payment via e-wallet When paying via e-wallet, the buyer's money is guaranteed at the e-wallet, when the buyer confirms receipt of the goods and there is no complaint or after a certain time, the money in the buyer's account is transferred to the seller's wallet At the same time, E-Wallet plays an arbitration role when a complaint occurs between the buyer and the seller, ensuringthe rights of the buyer and the seller by online arbitration Thus consumers can both guarantee their rights and contribute to the development of online arbitration 85 3.6 General trend around the World after pandemic 3.6.1 Trends after Corona Virus Pandemic It was not until Covid-19 pandemic that the digital conversion was “exploded” The digitization problem has long been approached and tested, however, only when the pandemic broke out did the digital transformation process accelerate and diversify To be really effective, digital conversion should be done simultaneously, however, with several specific characteristics, digitalization in law field has to cope with a number of difficulties 84 See https://enternews.vn/bay-mua-sam-truc-tuyen-nguoi-tieu-dung-can-tranh-127034.html See http://tapchicongthuong.vn/bai-viet/su-phat-trien-cua-thuong-mai-dien-tu-thoi-ky-40-thuc-trang-thuong-mai-dien-tu-tai-trung-quoc-va-bai-hoc-cho-viet-nam-54555.htm 85 74 Evaluation of the completion of online mechanism for legal procedure activities, Chau Huy Quang Lawyer, arbitrator of the Vietnam International Arbitration Center (VIAC) said that in the present and future context, the need to digitize a procedural model is essential in Vietnam In America, Online Dispute Resolution (ODR) ODR is implemented in resolving simple disputes such as traffic violations, minor lawsuits, and family marriage cases This mechanism allows litigants to process applications and resolve disputes online comprehensively The French court uses the E-Barreau system, where the parties involved can access data related to the proceedings handling the lawsuits Video conferencing has been applied in a number of criminal cases, helping to minimize costs, manpower, and limit risks in the process of evicting suspects This method is also more commonly used in cross-border trade and investment dispute settlement, which is convenient when conducting witnesses and experts hearing in different member states in European Union In Germany, the filing of the lawsuit can be done via the government egovernment system, secure email inbox of the court or via fax The Singapore Court also gives litigants and their lawyers the right to file lawsuits via the online system, through the registered account issued exclusively to lawyers of domestic law firms The court reviews the complaint, court fee can be filed online and responded via this electronic account For individuals, the filing of a lawsuit and updates on the proceedings will be made through government-issued accounts for Singapore citizens In addition to the court, a number of arbitration centers also issue a set of regulations on accepting and settling disputes online so that the arbitration process is faster and more accurate 75 In April, the International Chamber of Commerce (ICC) also issued guidelines for handling international arbitration matters in the context of a disease outbreak, giving guidance to arbitrators as well as other parties concerned on how to handle the arising circumstances (including prioritizing consideration of matters to be heard first, adjusting the process of examining evidence directly, giving agreement forms on online trials), and facilitate online litigation, avoiding interruptions in arbitration 3.6.2 Legal framework for digital transformation for legal proceedings in Vietnam Article 190, of the 2015 Civil Procedure Law, points out there is a mechanism for the litigation to be filed online via the court's electronic portal Article 191 also specifies how to receive, process applications and respond to applicants' results through the web portal However, up to now, in addition to accepting the acceptance of a petition sent by registered mail, the online petition has not been widely applied in Vietnam's judicial system The service of procedural documents and electronic summonses has not been applied and accepted by courts at all levels, even at the request of the involved parties Online applications are now available at the Supreme People's Court website (https://nopdonkhoikien.toaan.gov.vn/), and the applicant must have an electronic signature, an electronic form of transaction that is not yet common in the judiciary In fact, in the past few years, a number of courts and judges when handling the case, in addition to carrying out the procedure directly or by mail, also proceeded to send the proceedings by mail At the request of the litigants, this will be accelerated the process of resolving the case This is a flexible and supplementary solution for each specific case, unofficial as well as unrecognized, widely applied in court or arbitration proceedings 76 In order to reduce the pressure load in the trial process and create more convenient resolution, Vietnam can apply an "electronic proceeding" model similar to Singapore or Germany Accordingly, law-practicing organizations are granted online accounts to be able to file lawsuits and track the status of handling cases The application of trial, working online can also contribute to reduce time to resolve the case by providing litigants and lawyers many ways to participate in the proceeding process without being forced to always be summoned by the court as it is today For online filing, the court may also consider applying account-level through security at the telephone number, instead of just using a public digital signature This will help the online mechanism reach more users than the current method of using digital signatures Similarly, arbitration centers can also invest in building their own equipment and information technology infrastructure for online arbitration, in the context that requires mitigation meetings directly The organization of online sessions and hearings for the court or arbitration field should focus on building appropriate facilities, specifically, the camera system, transceiver and stable Internet connection In addition, there should also be a software system specific to the court in particular and judicial activities in general to ensure the confidentiality of information and avoid interruptions In addition, there should also be specific provisions on the minimum facilities of the litigants requesting participation in online trials 77 CONCLUSION Online arbitration is an alternative dispute resolution mechanism which is conducted primarily through the use of electronic means of communication Online arbitration represents some advantages in comparision wwith traditional jurisdiction and others ADRs, as it is a fast, economic and effective way to solve a dispute Online arbitratrion may constitute an ideal vehicle to solve disputes arising from B2B e-commerce transaction as it provides the disputants with a procedure which may be conducted without their physical presence, saving them time and money, and with a final arbitral award which is binding and rendered by an impartial expert on the subject of the dispute There currently is no applicable legal framework designed to regulate online arbitration procedures, therefore, we must look for the rules that are applicable for traditional arbitrations There is no provision in the current legal framework for arbitrations that forbids online arbitral procedures, due to special characteristics; it would be convenient to elaborate a special legal regulation to lay down the rules for this procedure The regulation for online arbitration shall be elaborated according to a functional equivalence approach, adapting the traditional rules to the electronic means of communication The rules that are created for online arbitration shall allow the usage of electronic contracting, they shall also ensure that the due process of law is not endangered by the fast pace of electronic communications Finally, such rules should provide the necessary measures to protect the security and confidentiality of the documents and information exchanged in the procedure through the necessary mechanisms for enforcing the award in a simple and economic way Parties can choose from a variety of electronic means of communication for the conduction of the procedure Each means has its own advantages and drawbacks 78 Therefore, parties should consider, in each case, which means are the most convienent taking into consideration the specific characteristics of the dispute and of the disputants In all cases, the means of communication selected by the parties and any other procedural provisions, should guarantee the confidentiality and security of the procedure and ensure that the due process of law is respected Parties can select extrajudicial mechanisms to enforce the award, such as the use of Trustmarks, escrows, automatic credit card charges and the use of other technological mechanisms The regulation for online arbitration should be harmonized in order to avoid differences in the different local regulations A harmonized legal framework will provide disputants from different nationalties with certainty with respect of the rules the procedure may be subject to However, harmonization may be a difficult task to achieve, as the negotiations for an international convention can take many years A model law can help bring harmonization to the legal framework; however, as it is a flexible instrument, the level of harmonization may be lower The most practical way for obtaining a harmonized legislation in this subject is to provide all the countries with a model law so that it can be enacted in each country The current legal framework applicable for traditional arbitration does not hinder the possibility of conducting an online arbitration procedure However, online arbitration and that may require special rules For instance, online arbitration is conducted exclusively through electronic means of communication and the use of such means needs to be regulated Likewise, the use of electronic documents and signatures require a special set of rules that does not exist in the current legal framework for arbitration Therefore, eventhough the current legal framework for arbitration does not proscribe an online procedure, due to its special characteristics; it would be useful to design a legal framework for it Such legal framework should regulate the use of electronic means of communication, recognize the validity of 79 electronic documents and signatures, and set forth the measures to be taken to ensure the fairness, security and confidentiality of the procedure As mentioned above, online arbitration has certain characteristics that are not covered by the legal framework applicable for traditional arbitration Therefore, a set of rules to regulate the special characteristics that differentiate it from traditional arbitration is required The rules should allow electronic contracting, regulate the use of electronic means of communication in the procedure, oblige parties to implement security mechanisms to protect the confidentiality and security of the documents and information exchanged in the arbitration, allow the use of electronic documents and signatures, and create the mechanisms to enforce the arbitral award in a simple and efficient manner An arbitration agreement is a contract pursuant to which the parties agree to solve their dispute through an online arbitration procedure, and not in a court of justice or some other ADR The arbitration agreement should have written form, being possible to enter into the agreement through electronic means of communication; the consent of the parties should be evidenced by their handwritten or digital signature An online arbitration agreement should at least contain the disputes that will be subjected to the procedure, the way in which the electronic means of communication will be used, the information system in which they will receive notifications and their geographical localization for receiving judicial notifications, and the security measures that will be taken to protect the confidentiality and integrity of the data exchanged in the procedure An online arbitration procedure shall be designed in such way that the rapidity of the procedure does not affect the fairness and equality between the parties Basic 80 procedural guarantees shuch as the right to present evidence, impartiality, and the right to be provided with a resolution within reasonable time should be respected The rules of online arbitration shall ensurethat both parties have equal access to the electronic means of communication and that these means are easy to use, accessible to both parties and allow them to present all their arguments and evidences Finally, the procedure shall count with the necessary measures to safeguard the integrity and confidentiality of the information exchanged in the arbitration The thesis summarizes the experience of online arbitration application of developed countries and developing countries similar to Vietnam on the basis of analyzing the characteristics of this type of dispute Thus, in Vietnam, in the context of rapidly developing e-commerce, leading to increased complaints disputes, online arbitration can be considered as a future for dispute resolution However, when the belief in online arbitration has not been firmly established, with the current practice in Vietnam, it is recommended to apply online arbitration gradually to prestigious businesses in e-commerce, with simple disputes and prices In order to effectively and transparently resolve disputes, create a safe and stable legal environment for ecommerce to develop, which will then be replicated and applied in many fields This is also the case with trade disputes as well as disputes of great value later In order to be able to successfully implement online arbitration in Vietnam, the coordination of all stakeholders including the state, e-commerce enterprises, arbitration organizations and consumers in which the state plays a role decide to build a legal corridor, invest in IT infrastructure Arbitration organizations play a decisive role in encouraging stakeholders to use online arbitration as a preferred dispute In addition, with the complexity of e-commerce, many cases of disputes can be solved by online mediation, thereby opening new research directions related to this topic in Vietnam 81 REFERENCE Marcelo Fantinato: A Feature-based Approach to Web Services E-contract Establishment, Institution of Computing, University of Campinas, Brazil Eddie Hurter, Disputes Resolution in Cyberspace: AFuturistic Look at the Possibility of OnlineIntellectual Property and E-Commerce Arbitration, 12 S.Afr Mercantile L.J 199 (2000) Llewellyn Joseph Gibbons, Creating a Market for Justice; a Market Incentive Solution to Regulating the Playing Field: Judicial Deference, Judicial Review, Due Process, and Fair Play in Online Consumer Arbitration, 23 Nw J Int'l L & Bus (2002) Llewellyn Joseph Gibbons, Creating a Market for Justice; a Market Incentive Solution to Regulating the Playing Field: Judicial Deference, Judicial Review, Due Process, and Fair Play in Online Consumer Arbitration, 23 Nw J Int'l L & Bus (2002) Frank A Cona, Application of Online Systems in Alternative Dispute Resolution, 45 Buff L Rev 975 (1997) Tiffany J Lanier, Where on Earth DoesCyber-Arbitration Occur: International Review ofArbitral Awards Rendered Online, ILSA J Int'l &Comp L (2000) Bashar H Malkawi, Online Alternative Dispute Resolution and Transparency, Contemp.Asia Arb J 101 (2009) Karen Stewart; Joseph Matthews, Online Arbitration ofCross-Border, Business to Consumer Disputes, 56 U.Miami L Rev 1111 (2002) M H M Schellekens, Online Arbitration andE-Commerce, Elec Comm'n L Rev 113 (2002) 10 Fitrianingrum, Agustina & Shahrullah, Rina & Syarief, Elza (2016) LEGAL 82 APPROACHES TO ONLINE ARBITRATION: OPPORTUNITIES AND CHALLENGES IN INDONESIA Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28 314 10.22146/jmh.16724 11 Paul Schwarzenbaker, Online Arbitration: A European andUS Perspective, 10 Bocconi Legal Papers 387 (2018) 12 Tiffany J Lanier, Where on Earth DoesCyber-Arbitration Occur: International Review ofArbitral Awards Rendered Online, ILSA J Int'l &Comp L (2000) 13 Philip Johnson, Enforcing Online Arbitration Agreementsfor Cross-Border Consumer Small Claims in China and theUnited States, 36 Hastings Int'l & Comp L Rev 577(2013) 14 Slavomir Halla, Arbitration Going Online - NewChallenges in 21st Century, Masaryk U J.L & Tech.215 (2011) 15 Ayelet Sela, Can Computers Be Fair: How Automated andHuman-Powered Online Dispute Resolution AffectProcedural Justice in Mediation and Arbitration, 33Ohio St J on Disp Resol 91 (2018) 16 Bao Ha Cong Anh & Hanh Le Hang My (2017) Giải tranh chấp trực tuyến - Khả áp dụng Việt Nam Avaiable at: http://tracuutapchi.ftu.edu.vn/index.php/tcktdn/article/view/223/218 Viewed on 18 Feb 2020 17 Eddie Hurter, Disputes Resolution in Cyberspace: AFuturistic Look at the Possibility of OnlineIntellectual Property and E-Commerce Arbitration, 12 S.Afr Mercantile L.J 199 (2000) 18 Arno R Lodder and John Zeleznikow (2010) Artificial Intelligence and Online Dispute Resolution Avaiable at: https://www.mediate.com/pdf/lodder_zeleznikow.pdf Viewes on 28 Feb 2020 19 Arno R Lodde (2003) The Role of Artificial Intelligence in Online Dispute Resolution Avaiable at: 83 https://pdfs.semanticscholar.org/7bbf/d664ecf7b931ba1442c92507df5161fcaa 96.pdf Viewed on 01 Mar 2020 20 Thu H (2017) Hoàn thiện khung khổ pháp lý cho mơ hình giải tranh chấp trực tuyến Avaiable at: https://moj.gov.vn/qt/tintuc/Pages/hoat-dong-cuacac-don-vi-thuoc-bo.aspx?It emID=2861 View on 20 Jan 2020 21 Huy Tran Anh (2019) Lúng túng giải tranh chấp trực tuyến Avaiable at: https://saigondautu.com.vn/tai-chinh/lung-tung-giai-quyet-tranh-chap-tructuy en-69021.html Viewed on 18 Feb 2020 22 Frank A Cona, Application of Online Systems in Alternative Dispute Resolution, 45 Buff L Rev 975 (1997) 23 Llewellyn Joseph Gibbons, Creating a Market for Justice; a Market Incentive Solution to Regulating the Playing Field: Judicial Deference, Judicial Review, Due Process, and Fair Play in Online Consumer Arbitration, 23 Nw J Int'l L & Bus (2002) 24 Dr Pablo Cortés: What should the ideal ODR system for e-commerce consumers look like? The hidden world of Consumer ADR: Redress and Behavior, CSLS Oxford 2011 25 Ayelet Sela, Can Computers Be Fair: How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration, 33 Ohio St J on Disp Resol 91 (2018) 26 Isabelle Manevy (2001), Online dispute resolution: what future?, University de Paris 27 Karolina Mania,Online dispute resolution: The future of justice,International Comparative Jurisprudence,Volume 1, Issue 1,2015,Pages 76-86,ISSN 23516674, 28 Online arbitration CLUB DES JURISTES REPORT 2019 Ad hoc commission 84 29 THỦY, Phan Thị Thanh, Giải tranh chấp thương mại trực tuyến: Những vấn đề pháp lý đặt choViệt Nam VNU Journal of Science: Legal Studies, [S.l.], v 32, n 4, dec 2016 ISSN 2588-1167 Available at: Date accessed: 13 Nov 2019 30 https://vietnambiz.vn/toa-an-qua-tai-trong-tai-vang-ve-23452.htm 31 https://baomoi.com/than-trong-rui-ro-trong-giao-dich-co-yeu-to-sohoa/c/3203 9648.epi 32 https://saigondautu.com.vn/doanh-nghiep-doanh-nhan/nang-cao-hieu-quaxuat -khau-trong-boi-canh-hoi-nhap-71626.html 33 https://www.sciencedirect.com/science/article/pii/S2351667415000074 34 http://arbitrationblog.kluwerarbitration.com/2019/04/11/online-arbitration-in-t heory-and-in-practice-a-comparative-study-in-common-law-and-civil-lawcou ntries/ 35 http://dergiler.ankara.edu.tr/dergiler/64/1542/16895.pdf 36 https://thegioiluat.vn/bai-viet-hoc-thuat/TRUNG-TAM-TRONG-TAI-THUO NG-MAI-QUOC-TE-TRUC-TUYEN-– -CO-CHE-GIAI-QUYET-TRANHCHAP-TOI-UU-CHO-MOT-NEN-THUO NG-MAI-HIEN-DAI-1110/ 37 http://legal.moit.gov.vn/default.aspx?page=news&do=detail&category_id=9& news_id=463 38 https://m.saigondautu.com.vn/tai-chinh/lung-tung-giai-quyet-tranh-chap-truct uyen-69021.html 39 https://m.sggp.org.vn/trong-tai-giai-quyet-tranh-chap-truc-tuyen-616184.html 40 https://moj.gov.vn/qt/tintuc/Pages/hoat-dong-cua-cac-don-vi-thuoc-bo.aspx?It emID=2861 https://www.scmp.com/news/hong-kong/law-and-crime/article/3005025/how -hong-kong-plans-take-arbitration-online-new-ebram ...MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS ONLINE ARBITRATION: INTERNATIONAL EXPERIENCES AND LESSONS FOR VIETNAM Major: International Trade Policy and Law Code: 1706060005... resolution and online arbitration 43 2.2.2 The application of online arbitration in Vietnam 50 2.2.3 Opportunities of applying online arbitration in Vietnam 56 2.2.4 Difficulties when applying online. .. countries such as Vietnam, has applied online arbitration? What experiences are drawn for Vietnam? (2) Will Vietnam take advantage of strengths and overcome weaknesses in developing online arbitration