Online Dispute Resolution (ODR) In India

Information and communication technology (ICT) is considered to be a good option for resolving disputes of modern days. Concepts like online dispute resolution (ODR) and e-courts are proof of the same.

Unfortunately, neither online dispute resolution in India nor e-courts in India has been accepted and implemented. In fact, we have a single techno legal e-courts training and consultancy centre of India and a single online dispute resolution (ODR) centre in India. Further, Perry4Law Techno Legal Base (PTLB) is the sole techno legal ADR and ODR services provider in India.

The scope for online dispute resolution (ODR) services in India in general and techno legal online dispute resolution (ODR) services in India in particular is really good. However, in order to capatilise the same, an early and proper start is necessary.

Online dispute resolution (ODR) and international response is still lukewarm but at least a beginning has been made there. While international online dispute resolution regime has started exploring use of ICT for disputes resolution, online dispute resolution in Asia is still growing. Online dispute resolution in Asian countries is largely confined to a single or two countries that also to a limited extent. Clearly online dispute resolution standards of practice for India and Asia need to be developed urgently.

In fact, techno legal ODR services have become necessary due to growing use of information technology for business and commercial purposes world over. For instance, ODR and cross border e-commerce transactions are also interrelated. Similar is the case regarding dispute resolution of cross border technology transactions.

Dispute resolution in technology transactions is the upcoming trend in the field of ODR. Dispute resolution of cross border technology transactions is a complicated process if we adopt traditional litigation methods to resolve them. Dispute resolution in technology transactions and dealings requires an effective, timely and cost effective mechanism. Traditional litigation is definitely not the place to achieve these objectives.

Obviously, we need an effective alternative to traditional litigation methods to resolve cross border technology transactions and dispute resolutions. Alternative dispute resolution (ADR) mechanisms like arbitration, conciliation, mediation, etc can be used effectively to resolve these technology transactions disputes. For instance, online dispute resolution (ODR) for cross border e-commerce transactions is already been used to resolved small value disputes.

Similarly, legal issues of media and entertainment industry of India have assumed tremendous importance. Entertainment and media industry dispute resolution in India can be resolved using online dispute resolution. Dispute prevention and resolution in the film and media industry in India is presently not exploring use of online dispute resolution.

However, nothing can strengthen ODR more than international efforts and international coordination activities. International legal standards for online dispute resolution (ODR) and international harmonisation of ODR is urgently required.

United Nations can play am important role in international development and international harmonisation of ODR. United Nations and online dispute resolution are closely related in this regard. In fact, UNCITRAL, ODR and India are interconnected and we need an international harmonisation of ODR legal framework as well as suitable policies at the national level. Efforts in this direction have already been undertaken at the international level and very soon we may see some development in this regard.

Alternative dispute resolution in India is well known in India and we need to make efforts in the direction of ODR as well. While doping so we must keep in mind the requirements of privacy laws in India, dispute resolution and ODR. Online commercial arbitration in India also needs to be developed. The sooner these issues are addressed the better it would be for the growth and development of ODR in India.

Online Dispute Resolution Services Are Growing

International online dispute resolution (international ODR) is no more a fiction. With growing disputes being resolved through an online mechanism, ODR has also assumed significance. ODR has significant advantages over not only traditional litigation methods but also against alternative dispute resolution (ADR) mechanisms.

International community is working really hard in the direction of recognising use of ODR as an effective dispute resolution mechanism. For instance, European Union has been considering use of ODR for cross border consumer disputes. Similarly, efforts of United Nations to streamline ODR are also well known. Similarly, use of ODR for cross border e-commerce transactions is also suggested. Similarly, WIPO is also using ODR for dispute resolution.

These international efforts must also be implemented at the national level. In other words, ODR needs international harmonisation to be effective. If we implement ODR at the international level alone, using ODR at national level would never be successful.

For instance, online dispute resolution in India is still evolving. ADR and ODR services in India are still in their infancy stages. Obviously, online dispute resolution services in India are still maturing. We have very few online dispute resolution centers in India. Further, Perry4Law Techno Legal Base (PTLB) is the sole techno legal ADR and ODR services provider in India.

Interest in ODR must be invoked among the stakeholders at both national and international level. ODR can be really effective where stakeholders are located at different jurisdiction. With the help of technology, disputes can be resolved without even leaving the residence of any party. Let us hope that ODR would be used at mass scale and at all levels to resolve disputes in the best possible manner.

Online Commercial Arbitration In India

Arbitration is a cost effective and expeditious dispute resolution mechanism. A majority of commercial disputes are resolved through the mode of arbitration. International commercial arbitration has also become an emerging trend these days. Generally, an arbitration clause is incorporated in various contracts and commercial contracts that prescribe resolution of a future dispute through arbitration.

Traditional litigation is not a productive mechanism to resolve disputes as it is costly and time consuming in nature. Thus, there is a gradual shift from litigation to arbitration in commercial matters.

A new aspect has been added to commercial dispute resolution and commercial arbitration by the information and communication technology (ICT). ICT has introduced a novel dispute resolution mechanism known as online dispute resolution (ODR). Although ODR in India has still to keep a pace yet it has been used in developed countries for many purposes, especially for resolving cross border e-commerce disputes.

At Perry4Law Techno Legal Base (PTLB) we are not only providing training and courses on ODR but are also actively using the same for contractual and commercial disputes resolution in India. In fact, Perry4Law and PTLB have provided the exclusive technology dispute resolution policy of India and ODR policy of India so that ODR may gain popularity and a wider acceptance in India.

PTLB has supplemented its ODR initiatives with other techno legal initiatives. The chief among them are e-courts research and training centre, digital evidencing centre, cyber forensics centre, etc. We hope our initiatives and efforts would be beneficial for the growth of online commercial arbitration in India and world wide.

Online Dispute Resolution In India Strengthened

India is not using ICT for dispute resolution whether it pertains to e-courts or contemporary out of court dispute resolution in the form of online dispute resolution. Fortunately, the first ever Techno-Legal Online Dispute Resolution Centre of India has been launched by Perry4Law that would cater the dispute resolution, training, educational and many more such crucial requirements in India.

Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 (IT Act 2000) in India, e-commerce and e-governance have been given a formal and legal recognition. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India.

However, the fact is that the increasing backlog of cases is posing a big threat to the judicial system of India. The same was even more in the early 90 but due to the computerisation process in the Supreme Court and other courts that was reduced to a great extent. However, the backlog is still alarming. This is because mere computerisation of courts or other constitutional offices will not make much difference. What we need is a will and desire to use the same for speedy disposal of various assignments.

There is a lack of training among police, lawyers, judges, etc regarding use of information and communication technology (ICT) for legal, judicial and ADR /ODR purposes. Judges in India need cyber law training, e-courts training, ADR/ODR training, etc that allow them to effectively understand and use ICT for judicial and ADR/ODR purposes.

India has to cover a long gap before the benefits of ICT can be used for effective day to day functioning of its courts. The easy task of computerisation has already been achieved to some extent but the real task is still yet to be achieved. For instance, although computerisation efforts are satisfactory regarding courts in India yet till now India does not have even a single e-court. This is because the difficult part of establishment of e-courts in India is yet to be achieved.

ODR and e-courts may hold the key to growing heaps of backlog of cases in India but the political will is essential to achieve the same. In the absence of political will, we have to be satisfied by half hearted, half baked and failed e-governance projects alone.

SOURCE: OPEDNEWS