Electronic Arbitration: An Analytical Study of Procedural Aspects in Sudanese and Saudi Law

Abdullah Ahmed Mohamed Deifah, Assistant Professor

Abstract

Electronic arbitration has emerged as one of the most effective modern mechanisms for the settlement of commercial disputes, distinguished by its speed, flexibility, and procedural efficiency compared to national judicial systems and traditional arbitration. This development is closely linked to the rapid advancement of global information and communication technologies, which electronic arbitration both utilizes and regulates within a legal framework.

Electronic arbitration culminates in an arbitral award issued by the arbitrator or arbitral tribunal through electronic means, whether in terms of drafting, communication, or electronic signature. This raises significant legal challenges, particularly concerning the adequacy of existing legislative frameworks to regulate electronic arbitral awards and ensure their recognition and enforcement. Most national legislations remain ill-equipped to address these challenges, as they were originally designed to govern paper-based documents and traditional handwritten signatures.

Accordingly, this study examines the concept and legal nature of electronic arbitration, and analyzes the procedures governing the issuance and enforcement of electronic arbitral awards. The research highlights the legislative gaps in this area and emphasizes the need to modernize arbitration laws in line with international standards, particularly those related to electronic transactions and dispute resolution