Electronic commercial arbitration is a contemporary legal necessity " A comparative study between legal and legal rules"

Document Type : Original Article

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Assistant Professor of Commercial Law at the Faculty of Sharia and Law in Tanta, Al-Azhar University.

10.21608/mjle.2024.386598

Abstract

This research, entitled: Electronic Commercial Arbitration, addresses a contemporary legal necessity    "A comparative study between legal and legal rules" Explaining the importance of electronic commercial arbitration in resolving trade-related disputes It is considered one of the most important fruits of harmony between technology and law, and resorting to it has become a contemporary legal necessity. Because the essence of commercial life is speed, and it has been distinguished by its achievement of timely justice through its specialized international centers, its speed in the circulation of information, its low cost, while providing the highest levels of security in judicial implementation. Because of the importance of arbitration, Islamic jurisprudence focused on it and decided that it is permissible in matters of money and necessary in commercial disputes. Because of its attachment to the interests of the nation; Al-Qarafi says: “The means are governed by the objectives.” The legal rule is that the obligation of the means follows the obligation of the objectives. And because what is obligatory cannot be fulfilled without it, it is obligatory,” meaning that when the goal is obligatory, which is to decide commercial disputes because they relate to a public interest, the means for this goal are also obligatory, which is resorting to electronic arbitration, and the necessity of its rulings.

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