Online dispute resolution in India (ODR in India) is an important part of Legal Enablement of ICT Systems in India and Legal Framework for Information Society in India. Legal enablement of ICT systems helps in establishing a transparent, efficient, accountable and effective legal and judicial system by utilising various ICT mechanisms.
Besides Online Dispute Resolution (ODR) In India other facets of legal enablement of ICT systems in India include establishment of e-courts in India or e-judiciary in India and online arbitration in India. However, at the end of October 2012 we are still waiting for the establishment of first e-court of India and there are very few online arbitration and online dispute resolution service providers in India.
At Perry4Law Techno Legal Base (PTLB) we are managing the exclusive Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI). Further, PTLB is also providing the exclusive Techno Legal Online Dispute Resolution Services in India. The exclusive Techno Legal Online Dispute Resolution (ODR) Centre of India is also managed by PTLB.
Some of the emerging areas in India in these directions are Domain Name Dispute Resolution in India, Corporate Disputes and Online Dispute Resolution in India, International Commercial Arbitration in India and ODR, E-Commerce Dispute Resolution in India, International Online Dispute Resolution, Dispute Resolution in Technology Transactions, Online Commercial Arbitration In India, Online Dispute Resolution Standards Of Practice For India And Asia, Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions, Dispute Resolution Of Cross Border Technology Transactions, UNCITRAL, ODR And India, Online Dispute Resolution And Cross Border E-Commerce Transactions, etc.
While International Response to Online Dispute Resolution is pretty good yet Indian response in this regard is far from satisfactory. In fact, ODR In India Is Facing Severe Legal Roadblocks. At the international level as well, International Harmonisation Of ODR Is Required. International Legal Standards For Online Dispute Resolution must be urgently formulated.
On the front of regulatory environment and disputes resolution as well, India has to make necessary changes in its regulatory environment. The commercial disputes issues that affect foreign investors operating in India may include inadequate handling of statutory legal compliances by the Indian partner, management control i.e. (Indian corporate laws over ride any private contractual terms between the joint venture partners, unless such terms are addressed and reflected in the Articles of Association of the company) and protection of intellectual property rights, and double tax issues. Foreign investors may take pre-emptive steps against frivolous litigation (criminal charges) by including suitable arbitration clauses in their agreements.
Thus a practical aspect to consider may be uniformity and alignment between applicable law, rules, venue and forum for arbitration, enforcement of foreign judgments and awards in India, apart from logistics of perhaps having to manage multi-jurisdictional legal teams, including costs.
National and international ODR and e-courts stakeholders may contact us with their concrete proposals of they wish to collaborate with us on our techno legal ODR and e-courts projects.