The Enforceability of Electronic Arbitration Awards in Palestine: An Analytical Legal Study

Recent decades have witnessed a great development in the means of communication and technology, which led to the emergence of a new type of arbitration known as remote arbitration or "electronic arbitration", which is carried out through modern means of communication without the need for the parties to physically attend a specific place. This development has facilitated and expedited arbitration proceedings, particularly in international commercial disputes. This study aims to investigate the extent to which an electronic arbitration award can be enforced in Palestine, through the analysis of the relevant legal texts, especially the Palestinian Arbitration Law No. 3 of 2000 and the Enforcement Law No. 23 of 2005. The study also addresses the legal challenges that may hinder the implementation of this type of judgment and reviews the most prominent jurisprudence and comparative practices that may contribute to finding effective solutions. The study found that the Palestinian legal framework does not in principle prohibit the enforcement of electronic arbitration awards, but lacks explicit provisions regulating this issue, which creates a state of legal ambiguity.