Open Source Is The Foundation For Global LegalTech And EduTech Projects

Open Source II

The year was 2004 when we at Perry4Law Organisation (P4LO) were doing techno legal research in fields like cyber law and cyber forensics. While looking for software for our techno legal projects like online dispute resolution (ODR), e-courts, online skills development, cyber crimes investigation, cyber security, etc we faced a major limitation that all similarly situated individuals would face. The limitation was the limited nature of user capability of paid or closed source software that too with high costs. After testing some paid software we immediately realised that neither the trial versions nor the limited editions of such paid software would serve the purpose. We started exploring alternatives and as expected open source came to our rescue. We tested few open source software in fields like ODR, e-courts, online skills development, etc and were so impressed with their functionality and utility that we immediately decided to use open source for all our projects. And today all our techno legal LegalTech, EduTech and TechLaw projects are functioning on free and open source software.

This year in 2019 we decided to take our techno legal projects to next level. we decided to launch legal entities on the one hand and improve our partnerships and collaborations on the other hand. We enacted EduTech entitiy named PTLB Projects LLP and LegalTech entitiy named TeleLaw Private Limited. Both these entities have been recognised by Indian Government as LegalTech, EduTech and TechLaw startups. So ready with everything at place, we started exploring more about LegalTech and EduTech projects and software.

This is the time when John Tredennick and me were connected on LinkedIn and I came to know about Merlin Legal Open Source Foundation. Being an open source enthusiastic and user, I immediately realised the significance of this initiative. Since 2004 we have been building a repository of open source software in fields like cyber security, cyber forensic, cyber crimes investigation, privacy and data protection, online skills development and e-learning, etc. That is currently an offline repository that we would upload on a dedicated portal soon. We have already tested a majority of these software and they are very powerful, easy to use and are of tremendous utility.

As we have projects in fields like ODR, e-courts, skills development, etc we also obtained open source and free software in these fields. Our sole aim was to show the world how open source and free software can be used for multiple purposes, including LegalTech and EduTech. So we already have a software repository for these fields. But after seeing the portal of Merlin Foundation, our efforts have been rejuvenated. The portal is currently hosting projects like document assembly systememail management system, etc. We intend to test and explore these tool too for our techno legal projects and we may suggest our own or third party open source software for this repository.

Our projects are leaning heavily towards social causes like global access to justice and justice for all, legal aid, strengthening of rule of law and civil liberties, etc and we believe that a collaboration between Merlin Foundation and Perry4Law Organisation (P4LO) can be beneficial for global stakeholders.

Let us briefly discuss about few of our techno legal projects. The first one in line is online dispute resolution (ODR). We have few projects in the field of ODR and the oldest one is known as ODR India. It hosts a pro bono and demo platform, a training blog, a professional ODR portal for global stakeholders, a discussion forum, etc. We have also launched Centre of Excellence for promoting ODR in  India and other jurisdictions. It takes just 2 minutes to use our pro bono or professional portals and we have provided step by step directions as well for the convenience of various stakeholders. We are in talk with individuals and companies so that they start using ODR in India and other jurisdictions. We are also in talk with Indian Government for use of ODR in various Government offices and departments. Our aim is to ensure that disputes can be resolved from any part of the world by using our ODR portals. Our por bono portal has already helped many individuals in India in getting back their money lost due to phishing, unauthorised banking transactions, non reimbursement of money by e-commerce portals, etc. It has become a regular phenomenon for us to be marked as a party by e-mails from aggrieved people and once our process is started, the matter is resolved within weeks.

The second project upon which we have been working for long is e-courts. This is a project upon which Indian Government has also worked extensively. It is in the final stage of being implementation and Indian Government may be testing it before its final implementation. The aim of this project is to help Indian Government in successful and holistic implementation of e-courts project in India. It is also acting as an e-courts consultancy and training portal in India. We are also interlinking our techno legal projects so both ODR and e-courts could work together in later stage of the project implementation. We are using open source and free software for e-courts project too and this include case management system, wordpress, etc.

Another project that is running on open source software is our online skills development project. There are many open source content management and course management software and Moodle is one of them. We have installed Moodle on our own so it is not a complicated process to install your e-learning system based on open source. Moodle has all the rich features that makes learning easier and with fun. It is easy to use for the students, professionals, teachers, administrator, etc.

We have many more open source software and features that we would disclose soon once our funding and collaborations are over. The main focus of our projects is upon user friendly nature and customer oriented goal. At the same time we are also taking care of our fellow companions and partners. We are trying to involve Indian Government too so that we can provide a comprehensive and holistic services to maximum number of stakeholders. So those looking in terms of intended user and beneficiaries, our projects are covering Business to Consumer (B2C), Business to Business (B2B), Business to Government (B2G) and other end users and stakeholders.

If you find synergy between your projects and objectives and our own, we invite you to invest in our projects in terms of funding, suggestions, technology use and joint projects implementation. We look forward to have maximum stakeholders on the board so that together we can create a better LegalTech, EduTech and TechLaw world using open source software.

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Future Of Global Dispute Resolution Is ODR And E-Courts

Global ODR

Technology and legal system are interrelated though we do not frequently come across mass scale use of technology for legal and judicial purposes. But if technology is used in an appropriate manner, legal, judicial and law enforcement stakeholders can be significantly benefited from it. We have few projects where a collaborative and holistic techno legal environment is created for the legal, judicial and law enforcement stakeholders so that they can perform their duties in a timely, cost effective and hassle free manner.

But this article is not about those or other techno legal projects but it is about a popular method of dispute resolution named online dispute resolution (ODR). I know few people in India and other jurisdictions who have been  working hard since 2004 in ODR field. This is the year we started exploring ODR for India and we added another concept to it and that is use of e-courts for Indian stakeholders.

So what is ODR and how it is used? ODR is the modern counterpart of alternative dispute resolution (ADR) methods like arbitration, mediation, conciliation, etc. In ODR, everything is managed in an online environment and from the ODR clause in an agreement to the final adjudication of any dispute, everything is managed in an online environment. ODR is simple to use, cost effective, time saving and has global access and impact. A person residing in United States may have a dispute with her Indian counterpart and the same can be resolved using ODR without any of the person even leaving her home.

Best part about ODR is that it does not need expensive technologies, software, hardware, etc. All that is needed is an online platform that can handle the queries, disputes and documents in a systematic and legal manner. We have been doing research on open source projects since 2004 and we can say with confidence that you can build a great ODR platform with the use of open source and free software. You do not need shiny software or hardware and all that you need is basic knowledge about computers and online platform.

Take the example of our ODR portal that is meant to cater the dispute resolution requirements of national and international stakeholders. It is simple to use and it is just like filling few line in an online form. ODR cannot be more convenient and more accessible than the ODR portals of PTLB Projects and Resolve Without Litigation (RWL). But every new change brings some sort of anxiety among the stakeholders and we at Perry4Law Organisation (P4LO) are aware of the same. That is why we have not only launched a dedicated ODR Training blog in this regard but are also providing online skills development and training in the field of ODR to global stakeholders. However, there may still be some concerns about how to use ODR as a dispute resolution mechanism and to address those concerns we have launched a demo portal too. We are providing pro bono services through this demo portal to global stakeholders and we have also written an article how our ODR portals can help in strengthening of Access to Justice (A2J) to global stakeholders.

Now let us discuss the possible uses of ODR in India and other jurisdictions. Consider an example in this regard. Party A is residing in United States and Party B is residing in India. Both entered into a contract to collectively manage some commercial or professional services in India. There is an ODR clause in the agreement between the parties just like the traditional ADR clause. Let us assume that the parties have chosen the ODR portal of RWL and PTLB Projects in this regard. Now the moment a dispute arises between the parties and one of the parties intimate the portal about such dispute, our dispute resolution process would start. Depending upon the request of the parties, we can choose between mediation, conciliation or arbitration to resolve such dispute. We would ask for documents and other communications relevant to the resolving of the dispute. Strict privacy, data protection and cyber security norms would be applied to any sensitive or personal documents and we may ask for adoption of a secure method to share such documents. After analysing such documents and communications, we can draft a possible reconciliation document and if both the parties agree to the same, we can pass an arbitration award on those agreed terms. The award would be final and binding upon the parties and since we would always act as an impartial party, none would be prejudiced and face any disadvantage.

Consider another example. You are a bank and your agreement with your bank customer includes an ODR clause. Let us assume that he faced an unauthorised transaction and his account has been debited. We can handle this situation from the stage of analysing such unauthorised transaction to launching of a cyber crimes and cyber forensics investigation to ascertain the bona fide nature of claims of bank customer to finally adjudicate such claim of the customer. We have been doing this for years and we have helped many Indian bank customers to get back their money. So neither the bank nor the customer would be troubled and since we are very well versed with the guidelines and laws in this regard, including the norms set by Reserve Bank of India (RBI), we would not have any problem while using ODR for this purpose.

Take another example. You are a cyber insurance company and you have an ODR provision/clause at place. Your customer faced a cyber breach and you are not sure how to react to the insurance claim raised by such customer. We can investigate such cyber breach and ascertain the cause and consequences of the same. Once that is done, we can pass an award that can be either based on mutual understanding or in the absence of the same as per the applicable laws of India or other jurisdiction.

We do not wish to add more instances in this regard and you can use your imagination as to how ODR and e-courts can help you in resolving your future disputes. It all starts with a simple ODR clause in your agreements that empowers you to use our ODR portal to manage any future dispute between you and your clients/customers.

However, what we would like to add is that our techno legal projects like ODR, e-courts, TeleLaw, online skills development, etc are holistic and integrated at the base level. All projects are supporting each other and we would not face any difficulty if we have to switch between one platform to another. So if nothing is working for you at the ODR portal, we can always provide you with next possible option to resolve your disputes amicably and in a proper manner.

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Institutional Arbitration, International Commercial Arbitration And ODR In India

Dispute Resolution

Arbitration is not new to India and it has been extensively used in India for many decades. However, despite having good arbitration institutions and arbitrators, India has failed to make its mark in the arbitration field. We do not have many good institutions that can manage institutional arbitration in India. Realising the need of having good institutional arbitration in India, Indian government enacted  The New Delhi International Arbitration Centre Act, 2019 (Pdf). This is the first step in the direction of establishing Indian institutions as world class arbitration institutions.

This will also help in making India a hub for international commercial arbitration issues. Currently many investors and companies are not comfortable with the idea of having India as a venue for arbitration and most of them prefer other Asian countries in this regard. While the policy level initiatives have been undertaken by Indian government, now it needs to address the quality aspects of the arbitrators and institutional arbitration institutions.

However, one area that needs special focus is the development and use of online dispute resolution (ODR) in India. Indian government must encourage use of ODR in India, especially when we at TeleLaw Private Limited (TPL) and PTLB Projects LLP have already established internationally renowned ODR portals. If this is done, India may be a hub for institutional arbitration and ODR soon.

We have already contacted Indian government on Twitter in this regard and offered to extend our unique techno legal ODR services for dispute resolution purposes. We would be glad to launch a collaborative projects with Indian government on Public Private Partnership (PPP) model so that people are large can be best benefited. While India is still dealing with the institutional arbitration and commercial disputes resolution aspects, we at TPL and PTLB Projects have already given an advantage to Indian govt in these fields through our ODR portals.

Imagine the benefit ODR can ensure by strengthening of e-delivery of services along with a sound dispute resolution mechanism. We can eliminate the unnecessary disputes and litigation from government departments by diverting them to our PPP based ODR portal. We can also help startups and entrepreneurs if legal and regulatory issues pertaining to them are diverted to our ODR portals.

The best part about this arrangement is that we at TeleLaw Project cover diverse and highly specialised techno legal services at national and global levels. For instance, our ODR portals are handling cases pertaining to cyber law, cyber security, cyber forensics, artificial intelligence, internet of things, machine learning, big data, data analysis, privacy and data protection, blockchain and crypto currency, e-commerce, domain names, intellectual property rights, etc. If India is promoting such type of ODR portal, there is no doubt that India would become the global hub for techno legal and ODR services soon.

We have an ODR training portal too that would train lawyers and ODR professionals in techno legal fields in collaboration with our Virtual Campus. We will create an army of ODR and techno legal professionals which cannot be matched anywhere. This would create employment for India and generate wealth too.

So every aspect of institutional arbitration, international commercial arbitration and ODR has already been taken care of. All that we need is support of Indian government and Indian investors to make India a global hub for techno legal and ODR services.

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India Must Encourage Use Of Online Dispute Resolution (ODR) Now

Online Dispute Resolution

Online dispute resolution (ODR) is the technology counterpart of traditional alternative dispute resolution (ADR) mechanism. In traditional ADR methods arbitration, mediation and conciliation are used to settle the disputes outside the court. But of late even ADR has become a troublesome process. The shortcomings of ADR are that it is expensive, time consuming and lacks a finality in many cases. Despite the granting of awards by the Arbitrators, matters are dragged to the courts and this further increases the cases for the already overburdened courts.

Most of the problems associated with the ADR can be resolved by using ODR. For instance, use of ODR is not only instantaneous, cost efficient but even can be managed within a period of 6 to 12 months. However, the best advantage of ODR is that it can be used by the stakeholders even if they are residing in different parts of the world. They need not to travel to the venue of Arbitration as the same is an online portal that can be accessed from the comfort of homes of the parties. Also documentation is more effectively managed in ODR as all documents are in electronic form that can be preserved for a longer duration and in a better quality. They can be easily accessed by the stakeholders and can be transferred from one jurisdiction to another within a minute time.

Clearly ODR has many advantages that our traditional ADR lacks. However, implementing a sound and user friendly ODR portal is a big challenge. We not only need skilled and techno legal expert Arbitrators to handle complicated cases of Artificial Intelligence, Cyber Law, Cyber Security, Internet of Things, etc but we also need Arbitrators who can comfortably work upon different platforms and technologies. This is the reason why ODR has not been successful so far in not only India but even in developed nations.

We at PTLB Projects LLP decided to change this scenario for India and to make India a global hub for Techno Legal Services. PTLB Projects is managing few ODR Projects that can be used by Indian Government and various stakeholders. We decided to solve four complicated problems that are responsible for non use of ODR in India. First, we needed an online platform that can be used by various stakeholders for ODR purposes. So we launched the ODR Portal for all stakeholders that can be easily used by global stakeholders. Secondly, we needed Techno Legal Experts to manage the ODR portal and since we have more than 15 years of experience in Techno Legal fields, even this problem has been solved. Third, we need to spread awareness about ODR in India and ensure that stakeholders are suitably trained in this regard. So we launched a pro bono portal for ODR where stakeholders have been taking our ODR services free of cost. We have already helped in resolving many online disputes using our pro bono ODR portal. At the same time, we have launched a dedicated ODR Training Portal so that techno legal ODR training can be provided to various stakeholders. This training would be managed by the Virtual Campus of PTLB where online skills development in various Techno Legal fields is provided. We even outlined the entire process of using our ODR portal that hardly takes 2 minutes to use. So public awareness and training aspects have also been taken care of. Fourthly, we have arranged for a system through our TeleLaw  Project where everything from the drafting of an Agreement carrying our ODR Clause to the final and conclusive disposal of a dispute would be taken care of. In other words, you can safely and comfortably concentrate upon your business and ventures while we take care of all your potential future disputes from scratch to the end.

Also we believe that a Public Private Partnership (PPP) model is required to make ODR popular among Government departments and offices. That needs a higher level of research and development, interaction, networking, etc. That is why we have launched world’s first Techno Legal Centre Of Excellence For Online Dispute Resolution (ODR) In India (TLCEODRI). It would prove to be the crucial initiative that would put India on the map of global ODR services. The TLCEODRI is also planning for a global expansion and very soon we would disclose the names and details of our global partners in this regard.

Recently Indian Government took a major decision to improve ADR and ODR environment of India by encouraging institutional arbitration in India. It enacted the The New Delhi International Arbitration Centre Act, 2019 (Pdf). That is a very crucial step to make India a global hub for institutional arbitration. We at PTLB Projects wish to take it another step ahead. We are working to make India a Global Hub for Techno Legal and ODR Services. Now we have both regulatory framework and an implementable model for ODR in India. We at PTLB Projects and Perry4Law Organisation (P4LO) request Indian Government to collectively work in this direction.

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Cyber Arbitration Trends In India 2017 By TLCEODRI

Cyber Arbitration Trends In India 2017 By TLCEODRIDisputes resolution is a tricky affair for all stakeholders including courts, government, companies, individuals, international organisations, etc. This is more so where conflict of law is involved as different countries may have different laws for dispute resolution. As a result international commercial disputes faced many difficulties for their resolutions in the early days. To reduce the hardships of such disputes, countries adopted a model code of conduct that was incorporated in their respective domestic laws. The advent of harmonised alternative dispute resolution (ADR) methods like arbitration and mediation is a result of such international codification.

For instance, the United Nations Commission on International Trade Law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985. The UNCITRAL has also adopted the UNCITRAL Conciliation Rules in 1980. The General Assembly of the United Nations has recommended the use of the said Model Law and Rules in cases where a dispute arises in the context of international commercial relations and the parties seek an amicable settlement of that dispute by recourse to conciliation.

India has also incorporated these uniform principles of alternative dispute resolution in the Arbitration and Conciliation Act, 1996 that was amended in the year 2015. The Arbitration Act provides for alternative dispute resolution mechanisms like arbitration, conciliations etc for national and international stakeholders.

Nevertheless, the Arbitration Act has still not considered the use of information and communication technologies (ICT) for dispute resolution in the desired manner. For instance, online dispute resolution (ODR) is still missing from the Indian scenario despite the Arbitration Act. Perry4Law Organisation (P4LO) has been advocating use of ODR in India since 2004. We have also been managing the exclusive Techno Legal Centre of Excellence for online Dispute Resolution in India (TLCEODRI) since 2012.

The main objective of TLCEODRI is to promote and use ODR in India for various dispute resolution purposes. After 13 years of dedicated services and efforts, we can safely claim that ODR would see active use in the coming years in India. To help national and international ODR stakeholders, TLCEODRI has also drafted an “ODR Clause” that they can use in their agreements, contracts, etc. We have also launched a dedicated blog for ODR training along with an ODR discussion forum where techno legal aspects would be discussed for the first time in ODR’s history. ODR experts and specialists wishing to enroll with TLCEODRI can also see the empanelment procedure in this regard. Above all, TLCEODRI has launched the first ever techno legal ODR portal of India that is covering vast dispute resolution fields. The portal is known as Online Disputes Resolution & Cyber Arbitration Portal of TLCEODRI where ODR is used to resolve dispute of national and international stakeholders.

For those stakeholders who are interested in use of ODR and cyber arbitration in India in 2017, we are providing some insights and trends through this article. These are as follows:

(1) Techno Legal Norms: The year 2017 would see formulation of techno legal norms by Indian government, arbitral institutions and ODR institutions. Laws like Information Technology Act, 2000 (IT Act 2000), Arbitration and Conciliation Act 1996, etc would see further amendments in the year 2017 to accommodate online dispute resolution (ODR) and cyber arbitration in India. TLCEODRI is already in the process of making public its techno legal rules and regulations for ODR services and cyber arbitration in India. In short, a basic level legal framework would be put in place in the year 2017 for ODR and cyber arbitration.

(2) PPP Based ODR Models: Indian government would encourage public private partnership (PPP) based ODR and cyber arbitration models in the year 2017. This is natural as Indian government is yet to brace ODR and cyber arbitration.

(3) Consolidation Of ODR Segment: Consolidation of ODR and cyber arbitration industry would also take place in the year 2017. There are some cyber arbitration and dispute resolution players working in India for some time but actual working models are still missing. The startups and entrepreneurship trends of India 2017 have already predicted increased use of ODR and e-courts in India in 2017.

(4) Digital Disputes: Indian government’s focus upon digital projects like digital India, e-governance, etc would increase digital disputes in the year 2017. As on the date, neither the regulatory framework nor the online dispute resolution infrastructure is in place to tackle such high number of digital disputes. Indian government is working on these fronts, and till the end of 2017 we may see some positive developments on these fronts.

(5) Consumer Protection In Cyberspace: Consumer protection in cyberspace would be one of the top priorities of Indian government in 2017. The focus would be upon cyber arbitration and online dispute resolution of various consumer disputes. A time bound dispute resolution mechanism would be put in place by Indian government in 2017. Even consumer courts/forums would be accessible through online means in 2017 and aggrieved consumers can file their complaints from any part of India. However, this model would not be a fully fledged one but would consist of first stage of dispute resolution only.

(6) E-Commerce Disputes: The year 2017 would see a big growth in use of ODR for resolution of e-commerce disputes in India. No smart e-commerce player would be interested in keeping public grievances and disputes pending and unresolved. Further, e-commerce companies could also not afford negative reviews that are generated due to unresolved consumer disputes. Cyber arbitration and ODR would be of tremendous help to such e-commerce players, dissatisfied customers, etc.

(7) International Commercial Arbitration: International commercial arbitration can be the biggest winner by using cyber arbitration and ODR in India. This is more so on the fields of cross border technology transactions and cross border e-commerce transactions. TLCEODRI has been working in this direction for the past few years and international e-commerce and technology companies can have a firsthand experience of the same here. Interested national and international stakeholders can contact us in this regard and avail the techno legal cyber arbitration and ODR services of TLCEODRI.

TLCEODRI hopes that national and international stakeholders would find the cyber arbitration trends of India 2017 useful.

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International Commercial Arbitration In India

International Commercial Arbitration In IndiaIndia has been witnessing an e-commerce boom and increased amount of foreign direct investment. Recently Indian government clarified about the Foreign Direct Investment (FDI) In E-Commerce Sector Of India 2016. Parliament of India has also passed the Insolvency And Bankruptcy Code, 2016 to ensure ease of doing business in India. Despite the increasing inflow of foreign capital in the Indian economy, India’s potential to attract FDI from the world has not yet been fully trapped. This is happening because India lacks an efficient dispute resolution system in the country. And this is happening at a time when e-commerce disputes and litigations are set for big rise in India. Even establishment of smart cities in India would require a techno legal smart dispute resolution mechanism.

Indian legal system is suffering from delays and backlog of cases. This is also affecting the quick disposal of commercial disputes between national and international stakeholders. Foreign investors who wish to resolve their dispute expeditiously cannot afford to wait decades for a dispute to reach finality. The current dispute resolution system of India is not only antique in nature, is cumbersome and time consuming as well. The backlog of cases is increasing day by day affecting the outcome of various cases. There was emergent need of judicial and legal reforms in India so that courts in India can meet the expectations of the 21st Century and also that could preserve the courts reputation and supports the courts critical role in maintaining trust by outside world and their confidence in the protection afforded to them by the law.

India experimented with the alternative dispute resolution (ADR) methods like arbitration, conciliation, etc under the Arbitration and Conciliation Act, 1996. However, even the Arbitration Act has failed to bring the desired results. This is more so regarding international commercial disputes that can be better resolved using international commercial arbitration in India. UNCITRAL has promulgated the Model Law on International Commercial Arbitration in June 1985 in response to the lack of uniformity in international commercial arbitration. The Arbitration Act is based substantially on this Model Law. The Model Law’s stated goals prescribe an arbitral procedure which is fair, efficient, and needs-focused to minimise the supervisory role of Courts. Other goals include:

(a) Limiting the role of national courts and to give primacy to the will of the parties in establishing the procedure for the settlement of their disputes;

(b) Securing procedural fairness by means of a limited number of provisions from which the parties could not agree to depart;

(c) Putting in place rules which advance arbitration, even if the parties have not reached agreement on all relevant procedural matters;

(d) Enforcing court decrees as awards; and

(e) That a settlement agreement reached by its conciliation proceedings would have the same status as an arbitral award.

India’s willingness to accept globalisation and FDI has tested its Arbitration law before the global audience. It is now felt that the Arbitration Act needs suitable techno legal amendments keeping in mind information and communication technology (ICT) driven business models. Indian government has already proposed amendments to the Arbitration Act and formulation of a new national litigation policy of India where Indian government would act as a responsible litigant.

One of the fundamental objectives of international commercial arbitration is the procedural neutrality as International disputes almost inevitably involve parties from different home jurisdictions. Perry4Law Organisation (P4LO) suggests that India must speed up the process of adoption of online dispute resolution (ODR) for resolving e-commerce and international commercial disputes. E-commerce disputes resolution in India may be resolved using ODR in the near future. Similarly, international commercial arbitration and dispute resolution in India would also use ODR platforms and websites in the near future. ODR would also solve the problems of procedural neutrality and jurisdiction as a centralised platform can resolve disputes between national and international stakeholders.

As far as recognition of a foreign decree or judgment in India is concerned, it can be held valid and conclusive, only if it complies with all prerequites as laid down in Section 13 of the Civil Procedure Code (CPC) namely (i) that the judgements must be pronounced by a court of competent jurisdiction, (ii) it must decided on merits, (iii) it must not be obtained by fraud, (iv) it is not against natural justice, (v) it should in accordance with principles of international law, (vi) where it sustains a claim founded on a breach of any law in India.

P4LO strongly recommend that Indian laws must be suitably modified so that India can be a premier location for international commercial arbitration in the world. Our techno legal platforms would help Indian government for international commercial arbitration in general and digital India in particular.

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Online Dispute Resolution (ODR) Services For National And International Stakeholders Launched By TLCEODRI

Online Dispute Resolution (ODR) Services For National And International Stakeholders Launched By TLCEODRIDisputes are common world over and their effective and timely redressal is a big challenge for governments around the world. In the Indian context, there is a massive backlog of cases that is crippling the judicial system of India. Establishment of e-courts in India can help reducing such backlog of cases. However, it is not easy to establish e-courts as mere computerisation of court proceedings and records would not help in establishment of a full fledged e-court.

It is comparatively easier to use online dispute resolution (ODR) for resolving various sorts of disputes especially those pertaining to civil nature, e-commerce disputes, etc. ODR in India is still evolving as Indian government is still hesitant to use the same. Indian government has announced promising initiatives like digital India but the actual implementation of these initiatives is a big challenge. Mere announcement without any implementation is of no use.

As far as ODR is concerned, the techno legal centre of excellence for online dispute resolution in India (TLCEODRI) has launched a beta version of ODR platform that can be used for dispute resolution by national and international stakeholders alike. This is possible as the test platform is guided by the digital India principles and mere access of Internet would be sufficient to resolve the disputes from across the world.

The parties intended to be covered by the present and future techno legal initiatives of Perry4Law Organisation (P4LO) and TLCEODRI include national and international stakeholders like Central/State Governments, Foreign Governments, Indian companies, multi national companies (MNCs), Public Sector Undertakings (PSUs), individuals, e-commerce websites, etc. We hope that all stakeholders would find this beta version initiative worth trying and making the same part of their business ventures and public dealings. To test the same, please create a ticket as per the category in which you fall.

Further, a special service of conducting Online Arbitration or Cyber Arbitration is also there where parties to the dispute can submit their disputes to the platforms of P4LO or TLCEODRI. The parties to the dispute must have incorporated the sample clause for getting their disputes resolved through P4LO or TLCEODRI while entering into an agreement/contract. Interested stakeholders may also contact us for drafting of such agreements/contracts where such ODR clause would be part of the same. This way parties need not to go to the courts and they can settle their disputes amicably, expeditiously and in an economical manner.

Once the Arbitrator/Arbitration Tribunal is appointed, the appointed Arbitrator/Arbitration Tribunal of P4LO or TLCEODRI would then proceed to deal with the dispute and pass a binding Arbitration award by which the parties to the dispute would be legally bound. The rules, procedures, list of panelists, etc would be uploaded on various ODR platforms of P4LO and TLCEODRI very soon.

For those who have already tried the conciliation efforts at this beta version platform and have failed to get a result, there is also an option to send a legal notice through the platform. This, obviously, is totally different from the Online Arbitration or Cyber Arbitration option before the P4LO or TLCEODRI as the latter proceedings would be governed by a separate procedure and notice of initiation of arbitration proceedings would be send to the parties to the arbitration instead of a legal notice. The purpose of a legal notice is to try to settle the dispute through the legal notice itself and if that fails, the matter can be taken up before the regular courts/tribunals. Legal notices are also effective where there is no ODR clause that attaches the parties to the disputes to the services of P4LO or TLCEODRI. In such a case there is no other option left but to send a legal notice as a last attempt to resolve the dispute.

P4LO and TLCEODRI would soon launch many more techno legal dispute resolution and e-courts related projects that would help national and international stakeholders alike. They would be full fledged and tested platforms that could be readily relied upon by various stakeholders. We would share information about the final initiatives very soon.

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E-Commerce Dispute Resolution In India

E-Commerce Dispute Resolution In IndiaE-commerce is growing at a fast speed in India as India is seen as a lucrative and profitable market for e-commerce business. However, e-commerce laws in India are still not clear to most of the e-commerce entrepreneurs. As a result most of the e-commerce websites are not following the laws of India and are inadvertently violating the laws of India. Regulatory authorities of India have started questioning the operations of e-commerce websites of India and many of them are facing potential legal actions.

The tussle is not merely between the regulatory authorities and e-commerce website owners but it also extends to disputes between e-commerce websites and their consumers. Most of the consumers are not aware about their digital rights while dealing with such e-commerce companies and websites. At the same time there is lack of forums and dispute resolutions platforms for digital consumers in India where they can agitate their claims. In short, e-commerce dispute resolution in India is still to be managed by Indian Government.

We at Perry4Law Organisation (P4LO) believe that online dispute resolution (ODR) can be effectively used in India to manage many digital and non digital disputes, including for e-commerce purposes. To make ODR a success in India, Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI) has been providing its techno legal ODR services to national and international stakeholders.

TLCEODRI has realised that ODR in India has failed to materialised due to lack of techno legal expertise on the one hand and absence of public awareness on the other. This is the reason why we have started an online dispute resolution (ODR) platform in India for national and international stakeholders where techno legal disputes can be resolved in an online environment.

This platform has twin objectives to meet. The first is to develop techno legal skills and trainings for ODR in India and abroad. This objective is fulfilled through the initiative titled ODR Trainings and Skills Development in India by TLCEODRI. The second objective is to spread public awareness about ODR in India and abroad. This objective is fulfilled by spreading information and providing guidance about ODR through our social media platforms. Please see our Twitter accounts named ODR India and TLCEODRI and the first ODR Social Media and Social Networking Platform of TLCEODRI for updates and information about ODR. Please see the ODR Discussion Forum of TLCEODRI for more details about this project.

We are also in the process of introducing new techno legal features so that ODR platform of TLCEODRI can provide the most comprehensive and holistic techno legal ODR services at a single website. Meanwhile national and international stakeholders like e-commerce websites, government departments, international agencies, national and international companies, multi national companies (MNCs), individuals, etc can register with us to avail our services by sending an e-mail at our contact point.

We would share more information about enrollment by e-commerce companies for dispute resolution services of TLCEODRI at our ODR Discussion Forum very shortly.

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Online Dispute Resolution (ODR) In India By TLCEODRI

Praveen Dalal-Managing Partner Of Perry4Law And CEO Of PTLBDispute resolution is a tricky issue even for a big Nation like India as Indian Courts are already overburdened with court cases and litigations. Indian Government tried its level best to reduce this backlog and provide some relief to Indian Judiciary but till now little success has been achieved in this regard. Indian Government also tried to use Alternative Dispute Resolution (ADR) for disputes resolution and out of courts settlements. However, despite the Arbitration and Conciliation Act, 1996 the situation has not improved. Rather the situation has worsened and now Arbitration related matters are also required to be adjudicated upon by Courts in India.

Indian Government realised the gravity of this situation and decided to attack upon this backlog from two fronts. Firstly, Indian Government launched Digital India Project that aims at using information and communication technology (ICT) for Judicial purposes. Although not expressly stated yet this may include use of Online Dispute Resolution (ODR) and E-Courts in India.

Secondly, Indian Government also decided to amend the Arbitration Act 1996 during the winter session of the Parliament in 2014. However, the Amendments failed to take the Parliament’s clearance during the winter session and the BJP Government decided not to take the “Ordinance Route” for the same. It was decided to wait for the next session of the Parliament to pass the Amendment Bill.

Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI) has been managing techno legal issues of ODR since 2012. However, ODR related issues were managed by us in one form  or other since 2005. We have now rejuvenated our efforts in this regard and launched a full fledged ODR platform to cater the needs and requirements of national and international stakeholders.

TLCEODRI would use maximum possible technologies, tools, software and applications while providing its techno legal ODR services. This includes use of methods like simple e-mails to automated case management systems. Wherever required, TLCEODRI would also issue “Arbitration Awards” as well that would be binding upon parties to the dispute by virtue of the Standard Arbitration Agreements of TLCEODRI.

TLCEODRI has taken great pain in providing the most “Comprehensive and Holistic” ODR Platform of India and worldwide. Our ODR Platform includes the ODR Discussion Forum, ODR Social Media Platform, ODR Training Platform, etc. Please see “Our Services” segment for the types of services that you may wish to avail from TLCEODRI. The Discussion Forum is always available for getting information about the ODR services of TLCEODRI.

We hope this ODR platform of TLCEODRI would be handy tool in the hands of both national and international stakeholders to get their disputes resolved through an Economical, Expeditious, Transparent and Effective Platform.

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