Cyber Arbitration In India And Online Disputes Resolution (ODR)

Cyber Arbitration In India And Online Disputes Resolution (ODR)Alternative dispute resolution (ADR) in India is more than 60 years old and the Arbitration Act 1940 is one of the initial laws in this regard. The 1940 Act was replaced by the Arbitration and Conciliation Act 1996 that is still governing the arbitration law of India. Now the Indian government has proposed some more amendments in the Arbitration Act 1996 of India and they may be incorporated into the parent Act in future.

Similarly, there is a proposal to amend the Consumer Protection law of India to better resolve the grievances and disputes of e-commerce consumers. This amendment must have online dispute resolution (ODR) an integral part of the same.

The present Arbitration and Consumer Protection laws though effective have become stagnant. They need techno legal updation to be in conformity with the latest technology driven trends. This is more so when we are talking about projects like smart cities and digital India.

Meanwhile, the backlog of civil cases is incessantly increasing despite the 1996 Act in place. This is due to the fact that there are many legal, procedural and fundamental weaknesses in the present legal and judicial system of India. For instance, till the month of August 2015, we are still waiting for the establishment of first e-court of India. There is no doubt that e-courts can help in reduction of backlog of cases and speedier and effective disposal of the existing and future cases.

The time for cyber arbitration in India has finally come and Indian government must seriously think in this direction. Dispute resolution has become a daunting task for Indian government and use of innovative methods can surely help in this regard. Cyber arbitration is part of the online dispute resolution (ODR) mechanism. ODR is a better and improved form of ADR provided India is willing to encash its benefits.

However, the real problem is the actual implementation of various projects by Indian government. Till now many good initiatives have been announced by the Indian government but they failed to materialise as individual who can implement the same are missing. The problem is there are very few ODR institutions in India. Even lesser are ODR experts who can resolve technical, legal and other scientific disputes in an online environment. Even the existing national litigation policy of India (NLPI) failed to address the techno legal issues.

E-commerce disputes resolution process can be significantly benefitted if we use cyber arbitration or/and ODR methods. The Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI) has launched an online dispute resolution mechanism where dispute resolution tickets can be opened. This is a good testing bed for e-commerce websites owners and central/state governments. In case simple mediation proceedings fail, then the options of Cyber/Online Arbitration and sending of legal notices is also available.

This initiative is in testing mode and very soon a full fledged and dedicated Cyber Arbitration platform would be launched by TLCEODRI. In order to train the stakeholders in this regard, TLCEODRI has also launched a dedicated blog for ODR training in India where we would post articles, opinions, views, suggestions and methods pertaining to use of Cyber Arbitration and ODR in India. An ODR discussion forum has also been launched by TLCEODRI so that public awareness about Cyber Arbitration, Online Arbitration, online dispute resolution, etc can be spread.

We hope these initiatives of TLCEODRI would prove beneficial to all stakeholders and very soon they would be exploring the Cyber Arbitration and ODR for resolving their disputes and conflicts.

Social Media And Social Networking Platforms For ODR Are Needed

Social Media And Social Networking Platforms For ODR Are NeededSocial media or social networking platforms and websites are playing a very important role in professional networking and building relationships. However, all of the well known social media platforms are proprietary and are owned by private companies.

This is more so when it comes to novel fields like online dispute resolution (ODR) where even basic level networking is in its infancy stage. The Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI) has taken some steps in this regard that would go a long way in social and professional networking among the ODR community.

The ODR Forum of TLCEODRI is the first initiative in this regard. This is a discussion forum to discuss ODR and related issues. The second initiative is a dedicated ODR Social Media and Social Networking Platform by TLCEODRI. This Platform is the first of its type in India and world wide. Its objective is to test a suitable open source social media platform for ODR purposes.

TLCEODRI has already tested many ODR related software and we would come up with our techno legal research results in this regard very soon. We would also initiate some techno legal polls for ODR and related topics. We invite partnership and sponsorship offers in this regard. Please contact us in this regard with your interest and a concrete proposal.

 

Resolve Without Litigation (RWL) Project Of Perry4Law Organisation (P4LO)

Resolve Without Litigation (RWL) Project Of Perry4Law Organisation (P4LO)Litigation is not the preferred mode of dispute resolution due to huge expenses and its time consuming nature. Alternative dispute resolution (ADR) methods like arbitration, negotiation, conciliation, etc have been effectively used in the past to mitigate litigation related rigours.

However, ADR has it own limitations and it was felt to formulate much better and economical methods to resolve disputes. Information and communication technology (ICT) came to the rescue of disputants in this situation.

Online dispute resolution (ODR) has emerged as the most viable option to traditional litigation. However, ODR in India has not been accepted and adopted to the desired level. Perry4Law organisation (P4LO) has been managing few ODR related projects in India and abroad.

These include Online Dispute Resolution Platform of PTLB and Resolve Without Litigation (RWL) Project of Perry4Law Organisation (P4LO). PTLB and P4LO are also managing the exclusive Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI).

Our premier project named Resolve Without Litigation (RWL) would be operational very soon and that would transform the way disputes are resolved outside the court through use of ICT. The RWL project would cater the need of both national and international stakeholders and disputants.

We hope these projects and initiatives of P4LO and PTLB would be useful to all concerned.

India Must Use Online Dispute Resolution (ODR)

India Must Use Online Dispute Resolution (ODR)Alternative dispute resolution is a viable and cost effective method to resolve disputes. Rather than approaching the courts, the disputes are settled outside the court by parties to the disputes. Parties may use arbitration, mediation, conciliation or any other mode of negotiation that can help them in resolving the dispute in question.

As technology has advanced, it has also been used to resolve disputes among the parties. This is more so where disputes involve multiple jurisdictions that require urgent resolution. Online dispute resolution (ODR) is the natural result of such cross border e-commerce and technology transactions disputes that require urgent and cost effective resolutions. Further, corporate disputes in India would be resolved using ADR/ODR techniques in the future.

India has recently adopted the Digital India and Internet of Things (IoT) policies that would use technology to provide public services. As a result some stress upon establishment of e-courts in India and use of ODR in India may also be given by the Indian government. The National Litigation Policy of India was introduced in the past by Congress government. However, it failed to cover the areas like e-courts and ODR. Now the BJP government would revive the litigation policy keeping in mind the use of technology in this regard.

We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) believe that use of ODR and e-courts at national level are bound to happen though not at the same pace and level as is happening at the international level. For instance, the Hague Institute for Global Justice has constituted a Commission on Global Security, Justice and Governance (PDF). The Commission has been constituted to fill the void from which the present world is suffering. The Commission would manage issues pertaining to political violence, environmental decay, cyber insecurity and cross-border economic shocks. Similarly, a Working Group of United Nations Commission on International Trade Law (UNCITRAL) is also considering extended use of ODR for dispute resolution.

We would be tremendously benefitted if we establish ODR infrastructure and capabilities in India. It would take some time before ODR can be effectively used in India and the same would require both technological changes and policy formulation.  The sooner this is done the better it would be for the larger interest of India.

Corporate Disputes And Online Dispute Resolution In India

Corporate Disputes And Online Dispute Resolution In IndiaCorporate laws in India have now transformed into corporate governance laws in India. This shift was not easy and it took considerable amount to time, energy and resources. The Indian companies Act, 2013 has changed the corporate regulatory scenario for Indian companies and its directors. Technology related issues have also been introduced by the Companies Act 2013. These include maintenance and inspection of documents in electronic form, sending of notices of meetings in electronic form, introduction of electronic voting, cyber law and cyber security obligations, etc.

In these changed circumstances, many transactions, businesses and disputes would also arise that require a modern solution. Disputes among corporate stakeholders are very common. For obvious reasons corporates prefer to use alternative dispute resolution (ADR) mechanism instead of traditional litigation route. Traditional litigation is time consuming and expansive whereas ADR mechanisms are effective, economical and speedier in nature.

The corporate agreements of these corporate houses essentially contain an arbitration clause and adoption of arbitration proceeding to resolve various future differences and disputes. Commercial disputes require immediate and appropriate dispute resolution to retain faith of business and commercial community in the dispute resolution machinery. India has not been a preferred destination for commercial disputes resolution due to inadequate commercial dispute resolution machinery.

India needs to strengthen its alternative dispute resolution (ADR) mechanism as well as online dispute resolution (ODR) mechanism to inculcate confidence among the business community. Similarly, the Arbitration and Conciliation Act, 1996 must also be suitable amended to incorporate necessary provisions regarding ODR and e-courts. There is an urgent need to establish e-judiciary in India as well. Till the month of October 2014 we are still waiting for the establishment of first e-court of India.

The present arbitration law of India is not adequate for ad hoc as well as institutionalised arbitration. It is also not effective for international commercial arbitration as well. Moily is planning to bring suitable amendments in the arbitration law of India. With this we can hope that India may get its deserving share of ad hoc and institutionalised arbitration and commercial dispute resolution services.

It is high time for big corporate houses to shift to next dispute resolution revolution known as online dispute resolution (ODR) in India. Companies and individuals must give more stress to ADR and ODR services in India as they are more productive than traditional litigation system of India. In fact, having e-courts and ODR in India can solve almost all the legal problems of companies and individuals in India and world wide.

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’s 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 an 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, data protection requirements (PDF) and 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.

E-courts and 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 October 2014, 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. PTLB, the premier techno legal segment of Perry4Law Organisation and ICT law firm Perry4Law, 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. 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. Even the national litigation policy of India (NLPI) 2010 (PDF) failed to address this issue.  Let us hope that by the end of this year; at least the Indian government would start thinking in this direction.

UK Government Starts Consultation On Use Of Alternative Dispute Resolution (ADR) To Help UK Consumers Resolve Complaints And Disputes

UK Government Starts Consultation On Use Of Alternative Dispute Resolution (ADR) To Help UK Consumers Resolve Complaints And DisputesAlternative dispute resolution (ADR) mechanisms like arbitration, conciliation, mediation, etc have proved really beneficial in resolving low end disputes and certain civil matters. However, as more and more transactions are now conducted in an online environment, the use of ADR has become somewhat limited in nature.  The advent of online dispute resolution (ODR) stems from the necessity to resolve online disputes originating from e-commerce disputes and other disputes arising out of online transactions.

Online transactions and business have an added problem of conflict of laws in cyberspace. Conflict of laws is the real issue that has to be addressed as different jurisdictions may have different legal and regulatory frameworks in this regard. International legal standards for ODR are still missing. This is preventing International harmonisation of ODR that is missing till now.

As different countries have different laws, in a given situation a single transaction may be treated differently by different countries. Commercial transactions and cross border e-commerce transactions can be greatly benefited if disputes arising out of same are redressed through use of ODR rather than traditional courts. Further, dispute resolution of cross border technology transactions can also be effectively resolved using ODR. However, in order to do that successfully, legal standards for online dispute resolution for cross-border electronic transactions must be formulated at the international level.

In the meantime, countries are trying to streamline their respective ODR regulatory regimes. The European Union (EU) is on the forefront of introducing and using ODR for resolving e-commerce and online transactions disputes. EU has introduced regulation on consumer ODR (PDF) and use of ADR for consumer disputes resolution (PDF). These regulations and guidelines would be followed by other EU member countries very soon.

United Kingdom (U.K.) government has also started working in the fields of ADR and ODR since 2012. Some of the initiatives and consultations initiated by U.K. government in this regard are impact assessment of ADR for consumer disputes and regulation on ODR (PDF), introduction of consumer rights bill (PDF), Midata- 2012 Review and Consultation (PDF), Midata- Government Response to 2012 Consultation (PDF), release of Midata-Privacy Impact Assessment Report (PDF), etc.

Now the U.K. government has initiated a consultation for alternative dispute resolution for consumers (PDF). This initiative intends to help the U.K. consumers to resolve a complaint without the cost and hassle of going to court. The aim is to give shoppers greater access to redress if something goes wrong with their purchase of goods or services. Creating a consumer-facing complaints website and phone line is one option being considered to reduce confusion that may be caused by the number of ADR schemes already in place. For example, there are some well established schemes in regulated sectors where the use of ADR is compulsory, such as the Financial Ombudsman Service.

The consultation is part of an EU Directive to be implemented by July 2015 and public comments have been invited till 3 June 2014.

Domain Name Dispute Resolution Service Providers In India

Domain name dispute resolution in India is no more an ignored area. As individuals and organisations are becoming aware of the importance of domain name, they are protecting their domain names by all means.

In the Indian context, we do not have a dedicated domain name protection law. Perry4Law and Perry4Law’s Techno Legal Base (PTLB) suggest enactment of a dedicated domain name protection law for India.

Naturally, in these circumstances, domain name dispute resolution services in India are still evolving. Perry4Law has launched certain techno legal initiatives in this regard that are of public importance. These initiatives basically cover areas like trainings and education, techno legal disputes resolution, e-courts consultancy and training centre of India, online dispute resolution services in India, techno legal centre of excellence for online dispute resolution (ODR) in India (TLCEODRI), etc.

Perry4Law’s Organisation has launched few more techno legal dispute resolution initiatives. These include initiatives named electronic courts, e-judiciary, ODR India, online arbitration, etc.

These initiatives also cover domain name disputes resolution, establishment and maintenance of e-courts in India and abroad, managing legal aspects of new GTLDs, etc. With this disputes pertaining to technology, domain names, cross border commercial transactions, etc could be resolved in a speedier and cost effective manner. We hope all stakeholders would find these initiatives useful.

Source: Techno Legal Online Dispute Resolution Services

Online Dispute Resolution In India Got Techno Legal Boost

Use of information and communication technology (ICT) for dispute resolution has become an indispensable part of dispute resolution process these days. For instance, dispute resolution in technology transactions, dispute resolution of cross border technology transactions, online dispute resolution for cross border e-commerce transactions, etc proves this point.

ICT has further increased the efficiency and benefits of ADR. Now the newer concepts like cyber arbitration, cyber mediation, online dispute resolution (ODR), etc have emerged.

Trans border e-commerce activities and business activities mandate that there must be an effective, timely and suitable ADR and ODR mechanism in place where business have to be established. This correlation of foreign direct investment and ADR and ODR is not only direct but also very remunerative. Absence of effective ADR and ODR mechanism may prove detrimental to the valuable foreign exchange.

There must be clear legal standards for online dispute resolution for cross-border electronic transactions in India and world wide. Online dispute resolution in India and e-commerce dispute resolution in India are going to be needed in future. Even e-courts in India must be established.

Perry4Law and Perry4Law’s Techno Legal Base (PTLB) are managing exclusive Techno Legal ADR and ODR Services in India and World wide. Further, PTLB is also managing the best Techno Legal ADR and ODR Research and Training Centre of India and World wide. The best part is that these ADR and ODR initiatives have been “Integrated” with an allied and very promising field known as E-Courts Consultancy and Training Centre of India.

To provide holistic and coordinating activities regarding ADR and ODR, Perry4Law and PTLB have been providing the exclusive Techno Legal Online Dispute Resolution Services in India and world wide.

Persons or institutions interested in having a joint project, sponsorship, partnership, tie up, association, memorandum of understanding (MOU), etc may contact us in this regard.

Cyber Arbitration In India

Alternative dispute resolution (ADR) in India has a history of more than 60 years with the Arbitration Act 1940 as one of the initial laws in this regard. The 1940 act was repealed by the Arbitration and Conciliation Act 1996.

This has, however, not produced much change in the ADR law of India. The backlog of civil cases keeps on increasing despite the 1996 Act. This is due to the fact that there are many legal, procedural and fundamental weaknesses in the 1996 Act.

The 1996 Act is in the process of reformulation and there are numerous lacunas that must be removed in the next ADR law of India. The Parliament of India has, however, a serious limitation while formulating ADR laws. It is not much aware of the information and communication technology (ICT) related issues of ADR.

Cyber arbitration is one such aspect. Cyber arbitration is popularly known as online dispute resolution (ODR) in India. ODR is a better and improved form of ADR provided India is willing to encash its benefits.

The problem is there are very few ODR institutions in India. Even lesser are ODR experts who can resolve technical, legal and other scientific disputes in an online environment. Even the national litigation policy of India (NLPI) failed to address this issue.

There is no doubt that formulating good techno-legal ODR practices and regulations require tremendous expertise. There are few ODR providers who can assist the Indian government in this regard.

Source: Cyber Laws In India

Online Dispute Resolution For Cross Border E-Commerce Transactions

Online dispute resolution (ODR) is the latest trend in dispute resolution services, especially in European countries and developed nations. For instance, European Commission has recently suggested use of ODR to resolve various disputes.

Even otherwise projects are in process in Europe where technology would be used to enhance access to justice. Even international organisations like World Intellectual Property Organisation (WIPO) and United Nations Commission on International Trade Law (UNCITRAL) are considering use of technology dispute resolution services through ODR in one form or other.

European Commission has in the past recommended use of ODR for cross border consumer disputes. Further, the intentions of international community to use ODR for cross border e-commerce transactions are also well known. So what is this ODR and why it is assuming so much importance these days?

ODR essentially involves innovative use of information and communication technology (ICT) to resolve disputes. ODR is an improvement of the traditional alternative dispute resolution (ADR) mechanisms like arbitration, mediation, conciliations, etc. Although all these forms of ADR mechanism are still used in ODR yet the main difference is that of technology.

Being technology driven, ODR is a very wide field. It can be used for resolving various interpersonal disputes including consumer to consumer disputes (C2C) or marital separation; to court disputes and interstate conflicts. However, the most significant use of ODR is its application to e-commerce.

In particular ODR is most suitable for resolving disputes arising out of business to consumer (B2C) and business to business (B2B) online transactions. ODR is also conducive for resolving disputes between parties that are residing in far away and opposite countries of the World. In this ICT connected World, ODR is increasingly used for resolving disputes arising out of cross-border electronic commerce transactions, including B2B and B2C transactions.

However, ODR cannot succeed in the absence of harmonised legal and regulatory framework. There must be a common standard and best practices for ODR to succeed. Similarly, another key factor for the success of ODR is efficient enforcement. Without efficient enforcement ODR would lack the appeal to the parties to adopt ODR for dispute resolution. Although the journey of ODR has begun yet it has still to cover a long gap.

At Perry4Law we would always strive for the betterment of ODR in general and parties to the dispute in particular. Our specialised Techno Legal Segment Perry4Law Techno Legal Base (PTLB) has been working in the sphere of “International Harmonisation” regarding ODR. We are not only providing Techno Legal ODR Services but are also working in the direction of Research, Training, Education and Policy Making regarding ADR and ODR. We hope our initiatives and efforts would prove useful for all concerned.

Perry4Law and PTLB are presently working in the direction of formulating a framework that is compatible for both national and international ODR and technology dispute resolution institutions and organisations. We would come up with the same after some time once our national and international cooperations and collaborations are clear.

Source: ICTPS Blog