Originally from World Arbitration and Mediation Review (WAMR)

This article aims to link the International Institute for the Unification of Private Law (“UNIDROIT”) Principles (the “Principles”) on International Commercial Contracts to online contracting in general, and to online arbitration specifically. 

It examines whether the form provision contained in the UNIDROIT Principles accommodates electronic commerce contracts (“e-commerce contracts”) and online arbitration agreements (“e-arbitration agreements”) and considers whether an arbitration agreement concluded online meets the form provision of the UNIDROIT Principles.  It also examines whether the UNIDROIT Principles apply to online arbitration agreements to the extent that these Principles are of a substantive nature while arbitration agreements are of a procedural nature.  It further explores whether national courts apply the UNIDROIT Principles as a soft law instrument liberally, especially when dealing with disputes arising out of online contracting.