Online Judgment in the Context of International and National Rules: Ethical and Legal ‎Challenges

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kazemi jalise fariba; amini nia Atefeh; hasanpoor jamil

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Journal Paper

Paper Information

Journal: Ethics in Science and Technology Year:2022 | Volume:17 | Issue:2 Page(s): 22-28

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Information Journal Paper

Title

Online Judgment in the Context of International and National Rules: Ethical and Legal ‎Challenges

Author(s)

kazemi jalise fariba | amini nia Atefeh | hasanpoor jamil | Issue Writer Certificate

Keywords

Ethics

Judgment

International trade

Online voting

Abstract

Background: Online Judgment is an economical and faster way than the judicial one. With the ‎development of technology in recent decades, it has also been possible to make Judgments ‎online. Although few countries have incorporated this approach into their laws, online ‎Judgments are being developed and implemented in various areas such as International trade or ‎intellectual property. The present study tries to discuss the legal and ethical challenges of ‎online Judgment. Conclusion: Judging online in terms of general rules is no different from the concept of ‎arbitration in its entirety, and the only difference is the use of the Internet, especially in the ‎process of voting. All documents, including Judgments, will be sent to arbitrators and parties as ‎a matter of fact. Holding a hearing in online Judgment largely depends on the technological ‎capabilities of the countries, and therefore contrary to domestic law, the decision to hold a ‎hearing is generally with the parties rather than the arbitrator. The arbitral award shall be in ‎duplicate available to the national courts. Therefore, for the validity of arbitration opinions one ‎should refer to the domestic law of the countries and measure the validity of the electronic ‎signature in the domestic law of the countries. But in the context of international institutions, ‎online Judgments are generally valid and enforceable. Online Judgment should also be based on ‎Ethics in order to do justice.

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