新冠疫情下网络仲裁的法律挑战与应对

Legal Challenges and Measures to Online Arbitration in the Light of COVID-19 Pandemic

摘要: 网络仲裁是运用科技手段将传统仲裁程序转移到网络进行的一种争端解决方式。不可否认网络仲裁凭借其无接触的特点解决了程序停滞和案件积压的问题，迎来了蓬勃的发展机遇，但网络仲裁庭审过程中也存在着程序不当风险、保密性问题和线上庭审秩序难以维护的法律挑战。然而，上述法律挑战并不能否认网络仲裁本身的合法性，也无法阻碍网络仲裁作为疫情时代争端解决的有效手段。为应对网络仲裁庭审过程中在理论和实践层面的法律挑战，应当从保障网络仲裁中当事人和律师的陈述权以维护程序正当、确立网络仲裁地、重视网络仲裁的保密性等方面稳步推进和完善网络仲裁制度。

Abstract: Online arbitration is a kind of dispute settlement method, which uses technology to transfer the traditional arbitration procedure to the Internet. It is undeniable that online arbitration solves the problem of procedure stagnation and case backlog by virtue of its non-contact characteristic, ushered in the vigorous development opportunity. However, there are also some legal challenges in the process of online arbitration, such as risk of undue process, confidentiality, and difficulty in maintaining the order of online arbitration. But these legal challenges cannot deny the legitimacy of online arbitration itself, nor can they prevent it from being an effective means of dispute resolution in the era of COVID-19 pandemic. In order to cope with the legal challenges in the theoretical and practical aspects, the online arbitration system shall be steadily promoted and improved in terms of safeguarding the right for the parties and lawyers to fully present themselves in online arbitration so as to safeguard due process. Also, the rules of seat of online arbitration shall be determined and confidentiality of online arbitration should be paid attention to.