ODR and e-Arbitration – Trends & Challenges


by Mohamed S. Abdel Wahab

This chapter is from "Online Dispute Resolution Theory and Practice," Mohamed Abdel Wahab, Ethan Katsh & Daniel Rainey ( Eds.), published, sold and distributed by Eleven International Publishing. The Hague, Netherlands at: www.elevenpub.com.

May 2013

Mohamed  S. Abdel  Wahab The Internet and the technological advancement in information and communication technologies (‘ICTs’) have significantly altered the way business is conducted and led to an ever-increasing use of electronic instead of paper-based means of communication and data storage. Such ICT revolutionary and innovative applications have been equally extended to the Justice system in a manner that has transmogrified, and continues to do so, in-court and out-of-court dispute resolution techniques and schemes to ensure efficiency, fairness and swift resolution of ensuing disputes.


The assiduous development of new technologies, the proper administration of justice, and access to ADR have facilitated the evolutionary transition from ADR to ODR and the emergence of ODR as a separate and independent field of dispute resolution. whilst other chapters in the book have discussed, addressed, and analyzed diverse ODR schemes and applications, this chapter shall be dedicated to online arbitration in an attempt to disambiguate the online arbitration process and assess the opportunities and barriers to the developmentthereof as an effective ODR scheme.

This chapter is divided into five sections. In section 1, the author sheds light on the conceptual framework of e-arbitration. In section 2, the issues pertaining to the e- arbitration agreement are scrutinized. Section 3 focuses on e-arbitral proceedings and section 4 addresses e-arbitral awards. Section 5 provides an overview of some e-arbitration projects and initiatives. Finally, the author offers some concluding observations,

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Biography




Dr. Mohamed S. Abdel Wahab (MCIArb.), Licence en Droit (CAI), LL.M. (CAI), CIArb Dip. International Commercial Arbitration (Balliol College, Oxford University), MPhil and Ph.D (Manchester University, UK), is an Assistant Professor, Faculty of Law (Cairo University, Egypt).  He is a Founding Partner of Zulficar & Partners where he serves as the head of the Firm’s International Arbitration and Project Finance/PPP Groups. Dr. Abdel Wahab is an approved Tutor, Vice-Chairman of the Cairo branch of theChartered Institute of Arbitrators, and Chair of the Institute’s Technology Committee.  Dr. Abdel Wahab also holds a number of visiting posts in Egypt, the UK, and the USA. He is currently a Fellow of the Centre for Technology and Dispute Resolution at the University of Massachusetts, USA and Adjunct Professor and Faculty Coordinator for the Indiana University LL.M. Program in Business and Comparative Law (Egypt). Dr. Abdel Wahab is a Senior Counselor for International Legal Affairs and International Contracts at the Information Technology Industry Development Agency (ITIDA). He regularly appears as arbitrator, expert, and counsel in major ad-hoc and institutional arbitral proceeding ssubject to Egyptian and foreign laws such as English,F rench, Emirati, Saudi and Swiss Laws, where he has prosecuted arbitral proceedings across diverse investment and commercial spectrums. Dr. Abdel Wahab is also a CEDR accredited mediator, member of the LCIA Arab Users Council, and Mediation Consultant to the World Bank. He is a leading ODR scholar, who holds over forty-five prizes for academic achievement, and has widely published in learned international journals and is a regular speaker in national and internationa lconferences on International Commercial Arbitration, Online Dispute Resolution, Private International Law, Project Finance and PPPs, and IT Law.



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