Document Type : Original Article
Authors
1
Assistant Professor, Department of Law, Faculty of Literature and Humanities, Shahrekord University, Shahrekord, Iran (Corresponding Author)
2
Master of Science in Private Law, Faculty of Literature and Humanities, Shahrekord University, Shahrekord, Iran
10.22034/lc.2025.559149.1708
Abstract
With the increasing expansion of e-commerce in the international arena, cross-border commercial contracts have created a new form of legal relations that are concluded in cyberspace without the need for the physical presence of the parties. Meanwhile, contractual obligations in such transactions face special challenges in the field of verifying the will of the parties, determining the governing law, and the method of enforcing decisions. The main issue of the current research is: How can contractual obligations in cross-border e-commerce be effectively enforced in international arbitration, and what is the role of international treaties in this field? The aim of this research is to investigate the legal and executive dimensions of obligations arising from electronic contracts in the context of international arbitration and to analyze the impact of international documents such as the New York Convention of 1958, the UNCITRAL Model Law on International Commercial Arbitration (1985 and subsequent amendments), and the Budapest Convention on Cybercrime on the implementation of these obligations. The research method is descriptive-analytical and based on library study and comparative analysis of international legal systems. The research findings show that although the existing international frameworks to some extent guarantee the enforcement of arbitration awards in the field of traditional commerce, in the field of cross-border e-commerce, issues such as digital identity verification, electronic signature, place of conclusion of the contract, and validity of digital documents, cause ambiguity in the effective implementation of obligations. The innovation of this research is in explaining the relationship between the rules of e-commerce law and international arbitration mechanisms simultaneously, and providing suggestions for amending and harmonizing international regulations in the field of enforcement of arbitration awards related to electronic contracts. The result of the research indicates that the realization of effective enforcement of contractual obligations in cross-border e-commerce requires the development of special rules for electronic arbitration, the recognition of digital signatures at the international level, and the amendment of existing treaties in accordance with the requirements of new technologies.
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