The Determination of Seat in Alternative Online Dispute Resolution Methods

Due to the development of e-commerce and performing a large part of the activities of people in cyberspace, today online dispute resolution methods have been able to find an acceptable position. The determination of seat is one of the ambiguities about online dispute resolution methods. In principle, many important issues in the hearings process are decided by reference to the legal provisions of the seat of dispute resolution, but due to the lack of relevant locations in the online dispute resolution methods, determination method of the seat of the dispute is questionable. The present study has examined the following issues as follows: "Delocalization approach in online dispute resolution methods", "The determination of seat in online mediation", "The determination of seat in online arbitration" and "The determination of seat in online negotiation". Finally, the present article concludes that according to the principle of delocalization, if the seat is chosen by the parties in the online dispute resolution, the same intention of parties is valid and final. In the case of non-selection of the seat by the parties, in online arbitration, the criteria of legal relevance of the seat, the applicable formal law and the competent court can be used to determine the seat, but in online mediation and online negotiation due to lack of legal effect, it is not necessary to determine the seat of online dispute resolution.