Termination of Online Mediation in International Commercial Contract Disputes(a comparative study)
DOI:
https://doi.org/10.64184/ajlps.V3.I1.Y2026.P19-40.195Keywords:
Mediation, electronic mediation, electronic disputes, electronic commerceAbstract
international commercial contract disputes represents a decisive stage in the course of this alternative dispute resolution mechanism, as it determines whether the process has achieved its objective by reaching a binding settlement agreement, or whether it has failed, thereby opening the way for other means such as .litigation or arbitration The study revealed that mediation may end successfully when it results in a written agreement that reflects the will of the parties and carries legal enforceability, or unsuccessfully when no common ground can be reached, or if one of the parties-or even the mediator withdraws, Moreover, the electronic nature his mediation adds unique features to its termination, whether in terms of the digital documentation of settlement agreements or in addressing challenges related to data confidentiality and the admissibility of electronic records before courts The research concludes that examining the different forms of termination of electronic mediation and their impact on international commercial contracts is essential to understanding the practical role of this mechanism in foster a secure and flexible It also emphasizes that the success or failure of electronic mediation directly influences the confidence of .stakeholders in international commerce
References
Sources and references
First / Books
1- Bawa, Azad Haidar, The Role of Judicial Mediation in the Settlement of Civil Disputes (A Comparative Study), 1st ed., Zain Legal Publications, Lebanon, 2016.
2- Abdul Mohsen, Abdul Basit, The Role of Mediation in the Settlement of Collective Labor Disputes (A Comparative Study), Arab Renaissance Publishing House (Dar Al-Nahda Al-Arabia), Cairo, 2000.
3- Hussein, Ali Al-Sayyid Mohammed, Mediation as One of the Alternative Means for Resolving Trade and Investment Disputes, New University Press, Alexandria, 2021.
4- Kandil, Mostafa Al-Motawalli, The Role of Parties in the Settlement of Contractual Disputes, New University Press, Alexandria, 2005.
5- Fadel, Shurooq Abbas; Latif, Saif Rashid, The Legal System of Mediation as a Means for Resolving Civil and Commercial Disputes, 1st ed., Arab Center for Publishing and Distribution, Egypt, 2014.
6- Al-Batanouni, Khairy Abdel Fattah Al-Sayyid, Mediation as an Alternative Means for Resolving Civil and Commercial Disputes, 2nd ed., Arab Renaissance Publishing House (Dar Al-Nahda Al-Arabia), Cairo, 2012.
7- Badr, Moataz Hamdan Marzouq, Mediation and Its Role in the Settlement of International Trade Disputes, New University Press, Alexandria, 2018.
8- Salama, Ahmed Abdel Karim, The General Theory of Amicable Systems for Dispute Resolution (Negotiation – Conciliation – Settlement) as an Alternative to Judicial Litigation, 1st ed., Arab Renaissance Publishing House (Dar Al-Nahda Al-Arabia), Cairo.
9- Al-Sanhouri, Abdel Razzaq, Al-Wasit in the Explanation of Civil Law: The Theory of Obligation in General, Vol. I, revised by Ahmed Medhat Al-Raghy, Mansha’at Al-Maaref, Alexandria, 2006.
10- Saeed, Akram Fadel, A Guide to the Study of the Legal Foundation of the Right to Resort to Mediation as an Alternative Solution to Commercial Disputes, 2nd ed., Law and Judiciary Library, Baghdad, 2017.
11- Al-Rashdan, Ali Mahmoud, Mediation for Dispute Settlement: Between Theory and Practice, 1st ed., Al-Yazouri Scientific Publishing and Distribution House, Amman, 2016.
12- Mousa, Mohammed Ibrahim, International Commercial Conciliation and the Change in the Prevailing View on Methods of Settling International Trade Disputes, New University Press, Alexandria, 2005.
13- Basha’ira, Mohammed Hussein, Dispute Settlement According to the Mechanism of the Commercial Arbitration Centre of the Cooperation Council for the Arab States of the Gulf: An Analytical Study of the Centre’s Regulations and Arbitration Rules, 1st ed., Dar Al-Qarar, Kingdom of Bahrain, 2015.
14- Abu Al-Khair, Abdel Azim, Mediation in Dispute Settlement as a Practical Alternative to Overcoming Litigation Problems, 1st ed., National Center for Legal Publications, Cairo, 2017.
15- Hamdan, Ahmed; Al-Njeihi, Sharif, Dictionary of Mediation and Negotiation (English–Arabic), 1st ed., Egyptian-Lebanese Publishing House, Cairo, 2021.
16- Al-Ansari, Hassan Al-Naydani, Judicial Settlement, New University Press, Alexandria, n.d. (no date).
Second: Research
1- Firas Karim Sha'an, Hind Fayza Ahmed, Mediation in Electronic Disputes, Al-Muhaqqiq Al-Hilli Journal for Legal and Political Sciences, College of Law, University of Babylon, Volume Six, Issue Three 2014.
2- Adnan, Kawthar Saeed, Mediation under the Provisions of the Law on the Regulation of Restructuring, Preventive Settlement and Bankruptcy No. 11 of 2018, Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, College of Law, University of Babylon, Vol. 6, No. 3, 2014.
3- Al-Louzi, Adel Salem, Settlement through Conciliation between Party Autonomy and the Mandatory Nature of Procedures under the Conciliation and Reconciliation Law in the Sultanate of Oman and the United Arab Emirates (Abu Dhabi Document), Journal of Law, Faculty of Law, Alexandria University, Vol. 1, No. 1, 2012.
4- Abu Faraj, Mohammed Salem, The Obligation of Confidentiality in Mediation as One of the Mechanisms for Settling Commercial Disputes (A Comparative Study), Journal of Law and Economics, No volume, No. 78, 2014.
5- Lotfy, Mohammed Hossam, Arbitration within the Framework of the World Intellectual Property Organization (WIPO) Center, paper presented to the Specialized Course for the Preparation of Arab International Arbitrators, organized by the organization through the Ain Shams Rights Center and the International Arbitration Center, 2010.
6- Musa‘da, Ayman, Mediation as a Means for Settling Civil Disputes in Jordanian Law, paper presented at the Annual Conference, Yarmouk University, Amman, 2008.
7- Al-Hamli, Abdullah, Judicial Intervention through Supervision and Assistance in Reviewing Arbitral Awards: A Comparative Study in Light of Western and Yemeni Legislation, Al-Manara Journal for Legal and Administrative Studies, Special Issue, 2020.
8- Al-Sarhan, Bakr Abdel Fattah, Mediation by the Judge-Mediator: Nature, Importance and Procedures – An Evaluative Study in Jordanian Law, Jordanian Journal of Law and Political Science, Vol. 1, No. 1, 2009.
9- Salim, Ibrahim Hazzaa, Commercial Mediation as an Alternative Solution in Trade Disputes, Journal of the College of Law for Legal and Political Sciences, College of Law, Uruk University, Vol. 9, No. 23.
10- Al-Mansouri, Abu Jaafar, Parallel Justice for Dispute Resolution: Mediation as an Alternative to Judicial Litigation, Journal of Sharia and Law Sciences, College of Law, Al-Merqib University, No. 2, Libya, 2014.
11- Hanoush, Mohammed, Settlement of Electronic Banking Disputes through Alternative Means, Al-Minbar Al-Qanouni Journal, Seminar on Alternative Means of Dispute Resolution in Moroccan and Comparative Law, Morocco, 2019.
12- Boustah, Maroun, Correction of Material Errors Infiltrating Civil Judgments, Moroccan Journal of Legal and Judicial Studies, No volume, No. 7, Morocco, 2012.
13- Ibn Al-Faqih, Al-Arabi, Formality and Its Types in Legal Transactions, Journal of Legal Studies and Research Horizon, Vol. 3, No. 3, Morocco, 2019.
14- Arjank, Sakina Mahdi, Settlement Agreement under Qatari Mediation (A Comparative Study), Master’s Thesis, College of Law, Qatar University, 2023.
15- Mansour, Dawoud, The Effectiveness of Electronic Mediation as an Alternative Mechanism for Resolving International Electronic Trade Disputes, Journal of Legal and Social Sciences, Ziane Achour University, Vol. 6, No. 2, Algeria, 2021.
Third: Theses and Dissertations
1- Alawa Horam, Mediation as an Alternative to Dispute Resolution and its Applications in Islamic Jurisprudence and Algerian Civil and Administrative Procedure Law (A Comparative Study), PhD thesis, College of Humanities, Social Sciences, and Islamic Sciences, Al-Hajj Kheder University, 2013.
Fourth: Legislation (International Agreements, Laws, Regulations) (and instructions)
1- Law No. (2) of 2021 on Mediation in the Settlement of Civil and Commercial Disputes of the State of Qatar.
2- Federal Law No. (1) of 2021 on Mediation for the Settlement of Civil and Commercial Disputes of the United Arab Emirates.
3- Law No. (95.17) of 2022 Relating to Arbitration and Conventional (Contractual) Mediation of the Kingdom of Morocco.
4- Law No. (2) of 2017 on Arbitration in Civil and Commercial Matters of the State of Qatar.
5- Egyptian Civil Code, Law No. (131) of 1948.
1- Jordanian Mediation Law No. (12) of 2006.
2- The Singapore Convention on Mediation, General Assembly, United Nations, 2019 Singapore, https://share.google/OQNi4VBs5A4OCWdAz, visited October 22, 2024, at 9:00 PM.
3- Cairo Centre for International Commercial Arbitration (CRCICA) 2013, https://share.google/fboD6n14txusHbjLr, visited September 18, 2024, at 3:20 AM.
4- UNCITRAL Model Law on International Commercial Conciliation with Guide to its Enactment and Use (2002), United Nations Commission on International Arbitration, https://share.google/z4AOjQrB0uDzAgfiN, visited September 20, 2024, at 8:00 AM.
5- UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018, https://share.google/PBqJFQGWDXskqmOId, accessed March 20, 2025, at 7:30 p.m.
6- Mediation Rules of the Egyptian Investor Dispute Settlement Centre (GAFI), https://share.google/cMwM19vH77xnraA5k, accessed May 18, 2025, at 7:30 p.m.
Fifth/ foreign sources:
1. Ginette Latulippe , La Médiation Judiciaire: Un nouvel exercice de Justice , Faculté de Droit , Université Laval , Québec , Canada, 2010.
Downloads
Published
Issue
Section
License
Copyright (c) 2026 Ashur Journal of Legal and Political Sciences is issued by the Iraqi Association of Legal Sciences
This work is licensed under a Creative Commons Attribution 4.0 International License.
The authors retain Full copyright of their published article
Ashur Journal of Legal and Political Sciences applies the Creative Commons Attribution 4.0 International (CC BY 4.0) License to articles and other works we publish. If you submit your paper for publication by AJLPS, you agree to have the CC BY 4.0 license applied to your work.
Articles can be read and shared for under the following conditions:
BY: Attribution must be given to the original source (Attribution)
Full details available at
https://creativecommons.org/licenses/by/4.0/
