التحكيم في المعاملات االمصرفية الإلكترونية -دراسة المقارنة-

Abstract

The technological development that the world today is witnessing has affected all aspects of life, especially commercial ones. Thus, the so-called electronic commerce, is developing day by day by due to the wide use of various advanced technologies such as computer tools, Internet, etc. The growth of e-commerce needs a new quality of non-traditional banks that fit this era, which does not adhere to a specific place or time, is becoming increasingly urgent. Therefore, electronic banks have emerged, which are known to play a role in dealing with both the bank and its customers or between banks themselves. As a result, attention has been given for a long time, to codify the rules governing the regulation of banking transactions, especially international ones. The spread of e-banking transactions may lead to conflicts, both between the bank and the client, or between banks that cooperate to carry out a banking operations, which requires consideration of a mandatory solution. If recourse to State courts is the natural way of settling disputes over electronic banking transactions, recourse to arbitration is beginning to take its place as an alternative. The importance of this thesis is derived from the expansion of dealing with e-banks, especially after the Algerian policy of economic openness that leaded to the adoption of many private banks, which necessitate looking at the disputes that may arise from these different transactions and thinking about ways of resolving them. So, this work attempts to emphasize the importance of the arbitration system as an alternative to the judiciary to adjudicate disputes arising from electronic banking transactions, and then to discuss how the Algerian legislator addresses this issue as well as some comparative legislation in order to get conclusions and recommendations.