The legal framework for enforcing arbitration awards issued via electronic media

Abstract

The recent decades have witnessed a radical transformation in the nature of commercial transactions, as the technological revolution has given rise to a new pattern of contracts and disputes conducted through cyberspace. Electronic arbitration has emerged as an effective tool for resolving these disputes. However, the greatest challenge lies in ensuring the enforcement of electronic arbitration awards in practice, which is crucial for enhancing confidence in this type of arbitration within the global e-commerce environment. This research aims to identify the legal and procedural controls necessary for enforcing electronic awards, uncover legislative gaps, propose legislative updates, and evaluate the applicability and activation of relevant international conventions, such as the 1958 New York Convention. The central problem lies in the contradiction between the rapid development of electronic arbitration mechanisms, which aim for speed and efficiency, and the slowness and challenges of the traditional legal framework applied to the enforcement phase of its awards. The research adopted an analytical approach to the texts of the Libyan International Commercial Arbitration Law of 2023, and a comparative approach with the New York Convention and model laws on international commercial arbitration. The research covered the legal framework for enforcing electronic arbitration awards in terms of their nature and conditions for enforcement, as well as their legal scope and authority. It clarified that the award must be enforceable, exhaust available avenues of appeal, be written (electronically acceptable), signed by the arbitrators (electronically acceptable), and capable of being extracted in traditional paper form. It also affirmed that electronic arbitration awards generally possess legal authority in most legislations and international conventions, with the exception of certain cases that may impose specific conditions for their enforcement.