ABSTRACT

The Online Dispute Resolution (ODR) process, as a dispute resolution medium, is desired to be secure, efficient, flexible and user-friendly. Whilst World Intellectual Property Organization (WIPO) and ICANN (the Internet Corporation for Assign Names and Numbers) – UDRP (Domain Name Dispute Resolution Policy) provide a specialised domain dispute resolution service with a self-enforcement mechanism, AAA and Cyber-settle provide one of the most distinctive Med-Arb alliance service between an arbitration institution and a private ODR company since 2006. The conditions for taking and admitting electronic evidence in international arbitration depends on various factors such as the parties' arbitration agreement, institutional rules and procedural laws. As none of the institutional rules, national and international regulations provide specific legal and technological measures in relation to generating, presenting, taking, admitting and storing/keeping electronic evidential records for online arbitration, inconsistent quality and unfair requirements towards electronic evidence is alarming.