A Think on the Fair Internet Disputes Resolution

Imbalance power between the parties has been a concern for jurists. This power inequality has a variety of reasons, such as the complexity of the issue, previous and frequent acquaintances with similar cases, and the use of competent lawyers and legal advisers. In this study in order to resolve this inequality and imbalance between the parties, attention has been paid to how to apply the principle of due process of law over arbitration in litigation and internet disputes. As a result, due to the lack of free choice and the repetitive role of the actor, this principle requires that the imposition of an arbitration clause be prohibited or restricted before arising disputes as to contracts concluded with consumers. Also, some cases could not be referred to arbitration and should be interpreted in favor of the consumer if there is any ambiguity in the arbitration agreements. The government should provide mechanisms to reduce arbitration costs. The arbitration award must be reasoned and made public.