Digitizing Alternative Means of Resolving Commercial Disputes

Abstract

           The world is witnessing major developments in the fields of technology and digitization, and it can said that digitization is the first step in digital transformation, and includes the use of computers and electronic devices to store and analyze data digitally. However, digital transformation is a step beyond digitization, as it includes the shift to new working methods based on data and digital communication technologies, which can lead to a significant improvement in efficiency and productivity, and this has encouraged the improvement of alternative means of resolving commercial disputes. If what is meant by digitizing alternative means of resolving e-commerce contract disputes is those non-judicial means that consider and adjudicate the dispute through modern communication media, then this study will address the concept of digitizing these means, their importance, the obstacles they face, and the mechanisms. This study addressed the digitization of alternative means of resolving disputes, which include negotiation, mediation, conciliation, and arbitration, and discussed the positives and negatives associated with them, and the challenges facing the digitization of these means. The study also provided solutions to address the challenges that hinder the digitization of these means. In addition to providing recommendations aimed at enhancing the use of this technology in resolving commercial disputes more effectively. These recommendations include the need to encourage countries to adopt the appropriate legal framework to develop digitization of alternative means of dispute resolution, and to improve security and data protection in digital arbitration platforms to reduce concerns related to privacy and confidentiality.