Research Article
The Application of Online Arbitration as an Alternative for Business Dispute Resolution During the COVID-19 Pandemic
@INPROCEEDINGS{10.4108/eai.3-8-2021.2315066, author={Ning Adiasih and Sandi Subagja and Dhany Rahmawan}, title={The Application of Online Arbitration as an Alternative for Business Dispute Resolution During the COVID-19 Pandemic}, proceedings={Proceedings of the First Lekantara Annual Conference on Public Administration, Literature, Social Sciences, Humanities, and Education, LePALISSHE 2021, August 3, 2021, Malang, Indonesia}, publisher={EAI}, proceedings_a={LEPALISSHE}, year={2022}, month={1}, keywords={dispute resolution; online arbitration}, doi={10.4108/eai.3-8-2021.2315066} }- Ning Adiasih
Sandi Subagja
Dhany Rahmawan
Year: 2022
The Application of Online Arbitration as an Alternative for Business Dispute Resolution During the COVID-19 Pandemic
LEPALISSHE
EAI
DOI: 10.4108/eai.3-8-2021.2315066
Abstract
The COVID-19 pandemic has brought changes in all areas, including the resolution of business disputes. One way of resolving business disputes can be through arbitration. The use of technology is a necessity in the transition from conventional dispute resolution models to online dispute resolution models, such as arbitration. Therefore, it is necessary to conduct a study to determine the possibility of applying online arbitration in practice and regulation in Indonesia, by comparing its application in the United States and China. It includes conducting online arbitration. Online arbitration in the United States is organized by the American Arbitration Association (AAA). Since 2001, the organization has regulated that in carrying out online arbitration procedures, there is the main concept, namely that every online dispute will be made a site for the case. On the site, all files concerning cases and documents submitted by the parties will be stored. Meanwhile, in China, since 1 January 2015, the Online Arbitration Law has been enacted as a result of the development of e-commerce. Apart from that, China’s Online Arbitration Law states that disputes that can be resolved through online arbitration are disputes arising from economic transactions and other trade transactions based on the agreement of the parties.