Electronic International Commercial Arbitration and the Applicable Law (Contracts of Investment)

Abstract

Electronic arbitration is crucial to settle e-commerce disputes; however, the rules of the Iraqi law are inconsistent with e-transactions requirements. As for the law applied to the disputed matter, the traditional rules seem to be applicable to e-arbitration nonetheless there is an obstacle to verify parties’ mutual habitat-place. In contrast, with regards to the law applied to formality, Article 26 of the Civil Code is in sufficient to rule the situation. Eventually, as for the law applied to procedures, the rule of place of arbitration is difficult to apply because both parties and arbitrators are likely to be located in different countries. Several theories have been suggested to solve the issue, we have suggested that the place of arbitration may be determined by the arbitrators themselves because it is easy for them to agree about, unlike the parties who are basically disputed