Category Archives: Online Dispute Resolution 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.

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

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

E-Commerce Dispute Resolution In India

Electronic commerce brings both comforts and discomforts to its users. The comforts include on the spot sales and purchase, competitive costs, convenience, saving of time, etc. The discomforts include frauds and cyber crimes committed against e-commerce users. At times there are disagreements and dissatisfactions as well among buyers and purchasers that cannot be resolved using traditional litigation methods.

This is the reason why we need alternative dispute resolution (ADR) mechanism to resolve e-commerce disputes in India. E-commerce regulations and laws in India are limited in nature and this does not allow use of ADR mechanisms and technology driven solutions. For instance, while European Union and other nations are increasingly using online dispute resolution (ODR) for resolving many aspects of e-commerce disputes yet online dispute resolution (ODR) in India is still not known.

Similarly, establishment of e-courts in India can also facilitate early and effective e-commerce disputes resolutions in India. However, till October 2012 we are still waiting for the establishment of first e-court in India. E-courts and ODR in India are urgently required to reduce backlog of cases and for reducing increasing pressure upon traditional courts. E-courts and ODR can also help in e-commerce disputes resolutions in India.

Some of the areas where we must pay special attention include technology related dispute resolution in India, film, media and entertainment industry dispute resolution in India, cross border e-commerce dispute resolution in India, etc. E-courts and ODR can be effectively used for all the abovementioned purposes.

E-commerce players in India have many techno legal obligations to follow and cyber law due diligence in India is one such obligation. Not only legal requirements for undertaking e-commerce in India are stringent but even Internet intermediaries liability in India must be taken seriously by companies engaged in online transactions and businesses.

Realising that cyberspace can bring many commercial benefits; both individuals and companies are ensuring that they have strong online presence. More and more brand promotion and protection in India are done these days in an online environment. Companies and individuals are also ensuring domain name protection in India so that their reputation and goodwill is not misappropriated by others. Brand protection, reputation management and domain name cyber squatting disputes are at rise and the same can be resolved using e-courts and ODR in India.

However, there is a general lack of awareness regarding use of e-courts and ODR for e-commerce disputes resolution. Further, there are very few e-commerce lawyers and law firms in India that can provide expert services in this regard. E-commerce players must also be aware that other laws, including intellectual property laws, can make these e-commerce players labile for civil and criminal actions. For instance, these e-commerce players can be held liable for online infringement of copyright in India of the copyright owners. Similarly, if any person posts an offending material at the e-commerce site or otherwise deal with the e-commerce site in an illegal manner, the e-commerce site owner may find himself in trouble.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce website or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India. Further, Perry4Law and PTLB also recommend active use of e-courts and ODR in India for resolving e-commerce disputes resolutions in India and corporate disputes in India.

We also believe that more effective and useful e-commerce laws in India must be formulated that expressly deal with e-commerce aspects in India. Let us hope that these suggestions would be implemented by Indian government very soon.

Source: Corporate Laws In India

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.