Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition) ›› 2024, Vol. 26 ›› Issue (5): 51-61.doi: 10.19722/j.cnki.1008-7729.2024.0049

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Moving Towards The Metaverse Era: The Transformation And Reconstruction Of Commercial Arbitration

  

  1. School of International Law, Southwest University of Political Science and Law,ChongQing 401120, China
  • Received:2024-04-15 Online:2024-10-31 Published:2024-10-30

Abstract: The emergence of the "First Metaverse Arbitration Case" signifies that commercial arbitration has entered a new era. Looking back at the century long development history of commercial arbitration, it has gradually been applied to the commercial field from the initial temporary dispute resolution between neighbors, and has become one of the most popular mechanisms for commercial dispute resolution, in which technology plays an important driving role. As a virtual space that integrates internet technologies such as blockchain, cloud computing, and the Internet of Things, the metaverse has a profound and disruptive impact on the current commercial arbitration system in terms of the legality and adaptability of program startup, operation, and termination. On the one hand, conventional issues such as foreign-related determination, legal application, and arbitrability scope in international commercial arbitration are magnified in the virtual environment; On the other hand, new issues such as obstructed identification of various parties involved in metaverse arbitration and a lack of legal support for automatic execution procedures are constantly emerging, which have had an impact on the existing commercial arbitration system. To address the multiple challenges brought by metaverse technology, commercial arbitration needs to adhere to the dialectical unity of integrity and innovation. Firmly grasp the "genetic code" that has been passed down to this day, and integrate practical experiences such as humanistic concepts and rule dissemination into the construction process of the metaverse arbitration mechanism; At the same time, we will leverage the flexible, autonomous, and proactive institutional functions of commercial arbitration in diverse dispute resolution mechanisms, using small-scale cases as pilot projects, digital justice as requirements, and linkage mechanisms as guarantees, continuously seeking institutional and technological innovation, and thus completing the self innovation and era revolution of commercial arbitration in the metaverse era.

Key words: metaverse, commercial arbitration, the future rule of law, Technological revolution, the rule of law in foreign-related matters

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