Thesis: Rebooting Arbitration: A New National Framework for E-Commerce Disputes

Abstract

The rapid expansion of e-commerce has exposed a critical mismatch between existing arbitration frameworks and the realities of the digital marketplace. Traditional arbitration systems, designed for high-value B2B disputes, prove inadequate for the low-value, high-volume transactions of online commerce. This paper examines these incompatibilities through Uzbekistan's regulatory landscape, identifying an "Arbitration Gap" between the booming digital economy — marked by approximately 150% growth between 2020 and 2023 — and the outdated Law "On Arbitration Courts" (2018). Key failures include ambiguous treatment of clickwrap agreements, prohibitive fees, and mandatory physical hearings. The paper also analyzes the power imbalance in non-negotiated arbitration clauses and the Enforcement Paradox arising from conflicts between digital procedures and the 1958 New York Convention. In response, a five-pillar national micro-arbitration framework is proposed, incorporating efficiency standards, digital-first procedures, proportional processes, consumer safeguards, and limited grounds for award challenges.