Online Arbitration in the BRICS Countries: A Comparative Analysis

The enlargement of the BRICS group to six new member states within the last 2 years has consolidated its role as a central actor in global governance. Recent declarations have emphasized digital trade and e-commerce as priority areas for cooperation, but the growth of intra-BRICS transactions inevitably exposes the need for reliable dispute resolution mechanisms. Online arbitration stands out as a strategic option, offering efficiency, accessibility, and cross-border enforceability. Yet, the heterogeneity that characterizes the group in terms of legal and linguistic frameworks, judicial attitudes, and technological infrastructure may create some obstacles to the full realization of its potential. For this reason, this chapter aims at exploring online arbitration in the BRICS both collectively and individually. It identifies general legal and institutional challenges ranging from the formation and validity of online agreements to the enforcement of e-awards and consumer protection and assesses how these play out in different national contexts. The chapter concludes by suggesting policy options for harmonization, including recourse to UNCITRAL instruments and the possibility of a BRICS-specific protocol, positioning the bloc as a potential model for digital dispute resolution in the Global South.