Dispute Resolution of Electronic Contracts: Investment Booster, A comparative study (jurisdiction – applicable Law)
3 Heidi Hassan
Private law - Law - Cairo
Abstract
Technology has become a prominent role in various fields, such as its role in the development of the investment sector, So the observer for the nature of electronic contracts explores the imperative need to regulate their legal dimensions, and address what they face Challenges. It is expected that many questions come to mind, such as how to prove this contract outside the womb of the virtual environment, the mechanism of its implementation or interpretation, as well as the way to resolve its disputes; here the value of the idea of this research will be clear that confirm the need for a legislative umbrella, in search of the competent court and the applicable law for this virtual contract, which does not comply with a certain territory of a particular country, and its parties did not meet in a specific place; by its nature, in compliance with the principle of “the virtual existence of the parties". Accordingly, the study sought the clarification of new approaches that could guide the determination of the competent court, as well as the applicable law, by motivating the legislators to approach any of the two ways: either organize existing legislations, or the flexible interpretation approach to the related legislation, in a manner that encourages investment. We have to admire that the parties ’prior knowledge of the competent court and the applicable law will not only develop existing investments but seek to stimulate renewable investment opportunities. As the persons who deal with electronic contracts do not pay attention to the importance of identifying this dilemma except by after its occurrence. So the study determined firstly the electronic contract as an investment partner: its nature and some of its provisions. Then declared the Mechanisms of jurisdiction for electronic contracts, Secondly, and finally identified Curricula and innovations of applicable law for electronic contracts.
Keywords
'Investment, Electronic Contract, jurisdiction, Applicable law, International Agreements, Substantive Rules, Electronic Arbitration, Electronic Mediation, Direct Negotiations'.
