Identifier: TFG:40
Authors: El Hadri El Yousfi, Nassira
Abstract:
We are at a moment marked by the slow pace of justice because of the poor economic situation of the country; ordinary courts have more difficulties than usual to resolve legal disputes. Justice requires rapid and effective procedures, since in a society like ours slow justice is unacceptable. Given this reality, people seek alternative ways of conflict resolution to defend their legitimate rights and interests. We have negotiation, mediation, conciliation and arbitration as mechanisms of court settlement of legal disputes. On the other hand, we live in a technologically advanced society, which requires a procedural legislation according to its needs. The integration of new technology in our day by day has completely transformed the existing legal relations. The Law can not be indifferent to this phenomenon; it must adapt to the needs of society to give answer and coverage to meet the new legal situations that arise both legal transactions in cyberspace and outside of it. In this situation, we dedicate the current research to the study of arbitration, an alternative to the jurisdiction and judicial equivalent providing us rapidity, agility, confidentiality and flexibility, among other advantages. In addition, we analyze the impact of the new ICTs in society and the mechanisms for controversies resolution, and thus we present a new tool aimed for extrajudicial resolution of legal conflicts characterized by the inclusion of the new TIC; Arbitrage Online, done from beginning to end, by electronic means, that offer added advantages to the traditional arbitration. At the same time, we present proposals to contribute to the improvement of the process online.