E-Courts And ODR In India

Electronic courts (e-courts) and online dispute resolution (ODR) are two most important uses of technology for dispute resolution and adjudicating of cases. However, India has been slow on both these fronts. For instance, till the end of February 2012, we are still waiting for the establishment of first e-court in India. This is so because India lacks techno legal expertise for establishment of e-courts.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal segment of ICT law firm Perry4Law and it is managing the exclusive techno legal e-courts training and consultancy centre of India. It is clear that establishment of e-courts in India must be expedited.

Similarly, on the front of online dispute resolution (ODR) in India as well, we have performed not well. Although traditional alternative dispute resolution (ADR) services in India have witnessed some growth in India yet ODR is still waiting for a beginning in India. ADR and ODR in India need to be streamlined to give impetus to alternative dispute resolution mechanisms in India. Further, PTLB is the exclusive techno legal ODR services provider in India.
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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.

Online commercial arbitration in India also needs to be developed. 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.

Similarly, ODR and cross border e-commerce transactions and dispute resolution of cross border technology transactions are also interrelated. 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.

There is an urgent need to adequately use information technology for streamlining the judicial system of India. Presently, the efforts in this regard are not satisfactory at all. Let us hope that by the end of this year; at least the Indian government would start thinking in this direction.

Electronic Filing Of Consumer Complaints In India

The use of information and communication technology (ICT) for justice delivery system is well known. Even use of ICT for judicial and legal reforms in India is well understood. The role of ICT for effective judicial system in India is though well known yet very few efforts in this regard have been undertaken in India.

One can understand this position from the fact that till now we are still waiting for the establishment of first e-court in India. Even we have a single techno legal e-courts training and consultancy centre in India. Similarly, online dispute resolution in India is still a distant dream.

However, India cannot remain aloof for long in this regard. The information technology act, 2000 (IT Act 2000) already carries non enforceable e-governance provisions and with the proposed electronic delivery of services bill 2011 of India this e-governance mandate is going to be little bit more enforceable.

In fact, positive developments in this regard have already taking a shape in India. For instance, the financial limits of mobile banking transactions in India have been removed to give better options of banking in India. Similarly, SEBI is contemplating electronic initial public offer (EIPO) in India. Even Indian judiciary is exploring the possibility of using an electronic bail communication system in India. Through the proposed Cable TV Networks (Regulation) Second Amendment Bill 2011 of India, digital television services would be offered to consumers at affordable prices and with superior quality.

In a latest development in this direction, electronic filing of consumer complaints would be allowed if the proposed consumer protection (amendment) bill 2011 is made an enforceable law. The proposed amendment has made provision for making of a complaint by electronic form also to the District Forum.

This is a positive development and it would help in expanding consumer protection in India. However, there are many techno legal issues that must also be adhered to before e-filing of consumer complaints in India is made fully operational. But these issues would be sorted out with the passage of time.