Category Archives: Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions

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.

Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions

Online dispute resolution (ODR) is a cost effective and convenient method of dispute resolution. Rather than depending upon the traditional litigation method, ODR provides an alternative and effective dispute resolution mechanism.

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, there is a need to clarify the categories of Technology, E-Commerce and Cross Border Disputes that might be solved by using ODR, appropriate Procedural Rules for ODR, the possibility or desirability to maintain a single database of ODR Service Providers, and the issue of Enforcement of Awards made through the ODR process under the relevant International Conventions.

Here lies the true problem. 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.

Even United Nations Commission on International Trade Law (UNCITRAL) has not achieved this task so far. This is the main reason why there is no coordination between UNCITRA, ODR and India. International Organisations like World Intellectual Property Organisation (WIPO) must further strengthen its Technology Dispute Resolution Services. Even EU India ODR Development Dialogue must also be initiated by both countries. In fact, EU has already planned to use ODR for Cross Border Consumer Disputes.

In the Indian context, ODR is facing severe Legal Roadblocks in India. We have no dedicated Legal Framework for ODR in India. Even an ODR Policy of India is missing. ODR in Asian Countries is still not popular.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been providing Techno Legal Technology Dispute Resolution Policies and Strategies. We have suggested a Technology Dispute Resolution Policy of India and ODR Policy of India.

We are also in talk with International Organisations and Institutions working in this regard so that Harmonisation of ODR Framework may be possible. We hope our Initiatives would be helpful for the International and National ODR Community.

Source: Techno Legal Online Dispute resolution Services

Online Dispute Resolution In India

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.

Online Dispute Resolution (ODR) In India

Online dispute resolution (ODR) is a viable and cost effective mechanism to resolve disputes. It can be used for both traditional litigation purposes as well as for resolving private disputes. Since technology is used for resolving disputes, parties located at different jurisdictions can resolve their disputes without even leaving their place of residence.

Online dispute resolution (ODR) in India is one area that requires policy level attention. ODR can help in reducing litigation time span and costs. Further, ODR can also help in reducing burden from traditional courts.

Perry4Law and Perry4Law Techno Legal Base (PTLB) have been working in the direction of legal enablement of ICT systems in India and world wide and legal enablement of e-governance in India and abroad.

It has been almost a decade of our working in the fields like ODR and establishment of e-courts in India. ODR can also be used by Domain Name Dispute Resolution Service Providers in India and abroad. Even the International Commercial Arbitration in India and ODR are interrelated. E-Commerce Dispute Resolution in India can also be done by using ODR. Corporate Disputes and Online Dispute Resolution in India are also related concepts.

E-Courts and ODR in India are needed and we must urgently start working in this crucial direction. While International Online Dispute Resolution is developing yet no such development is taking place in India. The International Response to Online Dispute Resolution is still of indifference.

Areas like Dispute Resolution in Technology Transactions, Entertainment and Media Industry Disputes Resolutions in India,  E-Courts and ODR in India, Domain Name Dispute Resolution In India, Cyber Squatting Dispute Resolution In India, Electronic Commerce Dispute Resolution In India, Online Dispute Resolution And Cross Border E-Commerce Transactions, Dispute Resolution Of Cross Border Technology Transactions, Legal Standards For Online Dispute Resolution For Cross-Border Electronic Transactions, Online Commercial Arbitration In India, etc need special attention.

Perry4Law and PTLB have also launched some dedicated initiatives in the fields of e-courts and ODR. These are as follows:

(1) Electronic Courts: This initiative would provide e-courts services to national and international organisations, governments, companies, individuals, etc. At this platform you would be able to resolve your disputes through use of techno legal methods and procedures.

(2) E-Judiciary: This initiative would provide research, policy formulations, training, consultancy, project execution support, etc to various national and international stakeholders. It would cover areas like e-courts, e-judiciary, legal enablement of ICT in courts and judiciary, etc.

(3) ODR India: This is an India specific platform that would resolve various inter party disputes in an online environment. Techno legal methods and procedures would be used to resolve various disputes through Arbitration, Conciliation, Mediation and other similar methods.

(4) Online Arbitration: This initiative would provide ODR services to world at large. Individuals, organisations, companies, etc may resolve their disputes through this platform by using our techno legal dispute resolution services.

India needs to adopt ODR and establish e-courts to strengthen its judicial system. Further, establishment of e-courts in India and ODR capabilities would further benefit litigants and parties to the dispute. We hope our initiatives would prove useful to all the stakeholders.