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Hypochondria About the Place of Arbitration in Online Proceedings

Hypochondria is defined as an excessive preoccupation with one’s health, usually focusing on some particular symptom. Could excessive preoccupation about the place of arbitration in online dispute resolution be assimilated to hypochondria? Are discussions that we hear from time to time and recently during the electronic conference on Technology in International Arbitration about defining the place of arbitration in online procedures justified? According to the author, the real question is not about the place, i.e. the venue, but about the legal framework meant to determine the law governing the procedure and the jurisdictional place in order for the award to be enforced in other states. With that setting in mind, whether the arbitration procedure is conducted online or offline makes no difference: the choice of the dispute resolution mechanism, the law applicable to the merits, the place of arbitration and thus the procedural law will be interpreted the same way. The only difference resides in the fact that the procedure is conducted in an online environment. From this perspective, the place of arbitration is a non-issue. The material place is independent from the law to govern the proceedings, irrespective of where the meeting or hearing may be held and whether it may be held at all.