Electronic arbitration in accordance with the legislation in force in Palestine

Abstract

The study aimed to explore electronic arbitration in accordance with the prevailing legislation in Palestine. It sought to extrapolate provisions outlined in Palestinian arbitration law, along with its executive regulations, regarding electronic arbitration. Accordingly, the researchers adopted a descriptive-analytical approach to elucidate electronic arbitration as a means of resolving disputes electronically within the framework of Palestinian laws. The study concluded that electronic arbitration is akin to conventional arbitration, differing primarily in the method of dispute resolution. Electronic arbitration distinguishes itself through its expeditious resolution of disputes and relatively lower costs compared to conventional arbitration. Moreover, the study revealed that the default stance is the permissibility of electronic arbitration in all matters, with exceptions being matters pertaining to public policy, disputes susceptible to legal reconciliation, and those concerning personal status. These findings were elucidated through Palestinian arbitration law and legislation regarding Palestinian electronic transactions. The study recommended amending Article 5 of Palestinian arbitration law, Article 19 of its executive regulations, and Article 18 of Palestinian arbitration law. The originality of the study lies in its analysis of electronic arbitration, a topic not explicitly addressed in Palestinian legislation, and in its preference for electronic arbitration based on provisions of conventional arbitration and legislation concerning Palestinian electronic transactions.