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Abstract

The resolution instruments of e-commerce disputes and the e-arbitration have emerged and developed as the result of spreading of e-commerce. International conventions governing the arbitration have not kept pace with these developments. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the "1958 New York Arbitration Convention", is the most important of these conventions. This convention deals with many legal problems of the use of electronic means of arbitration, including the requirement of traditional writing of the arbitration agreement, submitting of the original agreement certified by the competent authorities and the exchange of notifications and communications between the parties to arbitration.

The United Nations Commission on International Trade Law (UNCITRAL) has tried to resolve these problems. The UNCITRAL efforts can be summarized in three areas: First, member states of the New York convention would conclude an agreement aims at interpreting some agreement terms that pose problems to the use of electronic means in the arbitration. Second, explaining the Article 2 of the convention through an interpretative declaration that can guide the courts of member states of the convention when interpreting the term "agreement in writing". Third, adopting a new international agreement aims to resolve the legal problems of the New York convention resulting from the use of electronic means in arbitration.

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