Kazachenok S.Yu. Development of Lex Electronica as the Background for Inclusion of the Online Arbitration Terms Into the Arbitration Agreement

Kazachenok Svetlana Yuryevna
Candidate of Juridical Sciences, Associate Professor, Department of Civil and International Private Law, Volgograd State University,
Base Department of the Southern Scientific Center of the Russian Academy of Sciences (SSC RAS),
Head of the Branch no. 5 of Volgograd Interdistrict Bar Association, Member of Public Chamber of the Volgograd Region
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Abstract. The paper argues the thesis that the inclusion of the online arbitration terms into the arbitration agreement promotes lex electronica as a derivative of lex mercatoria in the evolution course of loyal business turnover and its changing needs. In the inverse interrelation lex electronica levels the variability of national legislations, the contradictions of conflict norms and the corresponding instability of dispute resolution practice. Lex electronica influences the development of on-net (“online”) arbitration courts, the adaptive nature of which contributes to the resolution of conflicts in the sphere of e-commerce with significantly higher efficiency than other forms of dispute resolution, including the state court proceedings.
Key words: foreign economic contractual relations, international commercial arbitration, form of arbitration agreement, electronic arbitration agreements, lex mercatoria, lex electronica, online arbitration.

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