“The Role of the Judiciary in Settlement of Commercial Disputes through Electronic Non-Judicial Methods”

Taking into account of rapid growth of international trade and the dramatic increase of the disputes arisen therefrom, it is indispensable to recognize the opportunities and challenges of "Electronic Alternative Dispute Resolutions (EADR)" for commercial disputes and to identify the conditions of interventions by the relevant governmental entities in the regulation and control of activities of online arbitration or mediation tribunals.This Article, at first, describes the history, opportunities and challenges of “EADR” and prevailing obstacles hindering its development and then, in the following sections, we will endeavor to clarify the roles and function of Judicial Power in its support, contributionand supervision for the development of “EADR”.As a conclusion, any intervention by the Judiciary Power in these activities must be planed and executed in the close cooperation with other relevant governmental and non-governmental entities so that no parallel action occurs in these regards and any inconsistent or insular official program is avoided. In addition, the prerequisites for the recognition and enforcement of online dispute resolutions should be identified in more details. Thus, we must try to provide coherent judicial precedent and realize and introduce the potentials and specific roles that the Judiciary Power can play in these reagrds..