Dr. Azab Alaziz ِAlhashemi
Humans have known rights from the beginning of history … the right is as old as human and the legislature is meant to protect these rights, especially criminal legislation, property rights whether received on real estate or transferee, and the mean right as rights of intellectual property.
The developed crimes term appeared as a result of changes in social and economic structure for the current communities, from the social side the social norms and values system came and transformed from local to global to generate new behaviors (deviant and criminal outside the context of national law).
From the economic side the globalization of money and economy resulting from increased interconnectivity and increasing dependence on technology and communications in conducting economic business and the consequent of institutions and multinational companies – and across national borders companies, may have contributed to seeds of innovative economic crimes, and the reason for that is the social and economic structure transformation into a global and informative and electronic, and it appeared new names such buildings, such as the highway of information or the Internet the global information infrastructure Building, the infrastructure informational club website.
All that wasn’t national but global, that sort out innovative crimes and put pressures toward the globalization of law and security, in today communities rages the conflict over wealth, power, and prestige which the same elements that are being contested by individuals, and information like any relevant with physical value high discover, and display to aggression, including the infringement by individuals, such as fraud, theft and infringement of subversion and IT crimes, it is expected to increase the activity of such crimes in the age of globalization and the development of new styles and updated them, and that benefiting from the development in the field of private and public communications technologies, even the majority of these crimes become electronic “Cyber”.
The Internet became part of the communication revolution, some defined the internet as a network of networks, others known as a highway transportation network, where the Internet consists of a large number of interconnected computer networks scattered in many parts of the world and ruled thread that unified protocol called “freelancing Internet Protocol” Tcp / Ip devices. No one currently owns the Internet and can say at the beginning that the US government represented the Ministry of Defense and the National Science Foundation was the only owner of the network, but after the network’s evolution and growth, is no longer owned by one and the concept of ownership disappeared, to replace by what became called the Internet Society, and the conversion of the network transformation from the public sector to the private sector, and from here was create several regional networks with commercial dye, that can take advantage of their services in exchange for subscription, this Privacy without specific owner known of the Internet makes the task of the security forces more difficult.
The evolution of technology and means of communication may help the spread of crime and the globalization of social and economic crimes production, the criminal gangs have benefited in fields of technology and communications in criminal activity employment ,such as wiretapping and fraud on the banks , intercept and stolen the credit cards or illegal used, and extortion and banks robbery electronically and counterfeiting and forgery, and tax evasion and computer fraud, and steal phones fraudulent ,phone numbers and imitations, and destroyed the bank computers, access and steal and sell the security-sensitive information, and trade and military secrets , and the use of coding software to protect criminal activities and created pornographic sites and promotion and young exploitation by it ,for example the US Drug Enforcement Administration has mentioned that a gang has invested about five hundred million dollars to establish their own private technology base and all of those crimes result of the gradual development of internet .
Also, scientific progress in the electronic field and what is subsequent from information development, and direction of international commerce to international electronic commerce, which is based on the speed in concluding and implementing contracts, affect many aspects of transactions between individuals, including the impact of the legal centers, and the foundations of civil and criminal liability, and grew as a result of what is known electronic transactions, and result from that raising a lot of questions relating to electronic transactions such as its character and adaptation, and applicable law, and followed by many of the disputes relating to such electronic transactions arose after the question of how to solve it and the best and most convenient way to solve them, creating what is known as electronic arbitration (or digital arbitration should be called some of the law jurists )…
Electronic arbitration definition
The arbitration shall be defined as a means of dispute settlement matter and entrusted this matter to one or more persons called the arbitrator or arbitrators on condition they characterized by neutrality, and the arbitrators shall settle the dispute matter of dispute, according to the agreement between them and the convicted, and their judgment is final and binding on the parties.
Where electronic commerce is based on speed in concluding and implementing contracts, and is no line with the slow normal judiciary procedures, the importance of electronic digital arbitration appears in its speed and flexibility that is not available in ordinary courts, electronic arbitration does not require the transmission of the dispute parties or their physical presence in front of arbitrators and can even hear them through the media electronic communication via satellite.
Additionally, the speed of judgment issuance due to the ease of procedures where they are providing documents and papers via e-mail, it can directly contact experts or chat with them online; so spread the courts and electronic digital arbitration; therefore digital arbitration can be defined as the arbitration which its procedures conducted via the Internet, which acquires an electronic character from the way it is made, where it is conducted in an audiovisual manner via an open international network to connect remotely without the need to meet with dispute parties and arbitrators in a particular place.
The electronic arbitration scope includes an information technology system, applied computing, electronic transactions, and anything related to it, in the private sector, and the public sector, taking into account the digital arbitration procedures in the public sector contained in the UK Arbitration system and its implementing regulation.
Electronic arbitration goals
Electronic arbitration aims to purify and secure the electronic business environment related through settlement or resolving technology to resolve existent electronic disputes, and providing advisory services, which prevent the occurrence of disputes, to a digitally healthy society through the following :
– Providing arbitration services by external arbitrators through the means of electronic communication to settle or resolve disputes arising from legal relationships of an economic nature, whether a contractual relationship or non-contractual, whether in the public or private sector or between them.
– Providing advisory expertise in electronic transactions, such as the response to the request of destinations to complement a specific contract has some deficiencies, or reviewing the provisions of the specific contract under certain conditions that may have arisen after its conduct, as well as providing consultancy in systems and technical informatics and applied Computing for legal entities, such as a different court (as provided by the accounting and auditing offices of the courts from his accounting experience in unforeseen disputes in front of a pure accounting nature).
The electronic arbitration advantages:
Electronic arbitration has several advantages, including, for example, speed; it is consistent with the electronic commerce nature, which is based on speed in concluded contract and implementation, which is not required in electronic arbitration transmission dispute parties or physical presence in front of the arbitrators and even could hear the adversaries over the electronic media and communication via satellite.
Additionally the speed of issuing judgments due to the ease of procedures where they are providing documents and papers via e-mail, also be direct contact with experts or chatting with them online so spread the courts and electronic arbitration system, and add to the advantages of electronic arbitration system reduce the cost of Arbitration system in terms of no need to physical move of the Parties.
Difference between traditional commercial arbitration and electronic arbitration and digital Arbitration.
*Commercial arbitration: is a means of resolving disputes without resorting to the length and complexity of the legal proceedings in raising claims and dates, the aim of these means is to end the dispute in less time and less cost, and has been mentioned the subject of arbitration in most world countries laws, also wrote the many many law jurists. There is an international agreement called the New York to implement the provisions of the foreign arbitration for the year 1958.
*Electronic Arbitration: it is an arbitration means, the electronic means entered as an alternative to meeting the arbitrators with dispute parties in one place. So are treated all the subjects of dispute are by electronic means (fax – email – website … e t c ) and then the judgment for each of the dispute parties by such means as well.
*Digital arbitration: it applies what has already been said about electronic arbitration, although we would like to point out that electronic arbitration is still in its infancy and needs a lot of time to become its features clearer, and the dealer accommodates these modern ways.
Electronic arbitration motives
First: Procedural motives
1- Speed and shortening in the procedures.
2- Achieve the judicial protection during the implementation and before.
3- The desire not to appear to public justice
Second: Economic motives
- International trade needs.
2- Encourage the international investment
Third: Technical motives
1- The desire to represent the dispute to people with special technical expertise or trustworthiness.
2-The desire to avoid the slow judiciary and its expenses thus reaching to resolve the dispute quickly and inexpensively.
Sources:
It was used as a set of international laws and research.