Disputes 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.