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Electronic Arbitration as a Solution for Electronic Commerce Dispute Resolution in the United Arab Emirates: Obstacles and Enforceability Challenges

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Al Hamed, Mohammed A. A. (2016) Electronic Arbitration as a Solution for Electronic Commerce Dispute Resolution in the United Arab Emirates: Obstacles and Enforceability Challenges. PhD thesis, University of Gloucestershire.

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Abstract

This thesis first examines the legislative framework in the UAE and its key guiding principles from which arbitration laws are derived. Secondly, based on the above examination of the existing legislative framework and literature the study identifies the various aspects of the existing legislative framework that impact upon the enforceability of e-arbitration for ecommerce dispute resolution in the UAE. Finally, the thesis demonstrates how e-arbitration can be incorporated into e-commerce and arbitration procedures in the UAE. Two methodologies, namely ‘explorative qualitative research method’ and ‘semi-structure interview’ are employed for the study. The findings from the examination of legislative framework and literature as well as the empirical field study show that the unprecedented developments in Information Communications Technology (ICT) had influenced and altered the traditional methods of societal interaction globally. The mass adoption of the Internet platform for trading has not only sought to eliminate the physical distance between the businesses and consumers but presented new avenues for potentially higher sales, coverage, lower costs and all at high speed. The concept of electronic trading (E-Trade) has naturally developed new markets and opportunities, which nations within the Gulf Cooperation Council (GCC) such as the UAE are seeking to capture. The findings also show that electronic arbitration (E-Arb) is eliminating the physical barriers between businesses, consumers and others choosing to arbitrate in cyberspace. This implies that E-Arb is perceived to be an additional component and extension of the growing ECommerce market and services. Therefore, adopting and supporting E-Arb provides an ideal opportunity for the UAE as a global hub for commercial purposes. However, despite the enthusiasm for the greater utilisation of ICT in UAE society, the domestic legalisation do not fully recognise the distinctive feature of e-arbitration, which makes it difficult to link them with international laws. The study also identifies concerns with the impact of E-Arb upon the traditional heritage and cultural practices in the UAE. Therefore, the study recommends that the existing UAE legislative framework is made compatible with international laws. It also recommends that there are comprehensive education and research programs in place to transform the traditional and cultural nuances of UAE society towards a greater understanding of developments in modern technology.

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Thesis (PhD)

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