Category Archives: Cyber Arbitration In India

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 The 1940 act was repealed by the Arbitration and Conciliation Act 1996.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