Monday, November 24, 2014

ODR And E-Courts Should Be Part Of National Litigation Policy Of India And Amended Arbitration Law Of India

Information and communication technology (ICT) is going to play a major role in the governance of India. For too long it was felt that electronic delivery (e-delivery) of services in India is required. However, e-delivery of services in India remains missing till now. With the announcement of Digital India and Internet of Things (IoT) initiatives by Narendra Modi Government, things are definitely going to change. This is more so regarding fields like education, healthcare, Judiciary, etc.

As far as Judiciary is concerned, the concepts of online dispute resolution (ODR) and electronic courts (e-courts) must be essential part of the Digital India and Internet of Things (IoT) initiatives. Both ODR and e-courts must also be part of the national litigation policy of India (NLPI) as well. In short, legal enablement of ICT systems in India is need of the hour.

Unfortunately, till the month of November 2014 we are still waiting for the establishment of first e-court of India. In fact, the e-courts project of India received a major blow recently when the e-committee refused to record proceedings at the courts in audio and video formats. Similarly, India has not used ODR for dispute resolution purposes so far.

Indian Government is considering amending the Arbitration law of India and also to bring suitable changes in the NLPI. We at Perry4Law Organisation and Perry4Law’s Techno Legal Base (PTLB) strongly recommend that ODR and e-courts must be integral and essential part of the amended Arbitration law and NLPI. We hope Indian Government would consider these suggestions while amending the Arbitration law and NLPI during the winter session of the Parliament.

Saturday, April 28, 2012

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 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, online disputes resolution, e-courts, etc.

Now 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.

Tuesday, March 27, 2012

E-Judiciary, Online Dispute Resolution Centre, Online Arbitration And E-Courts Projects Of Perry4Law And PTLB

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. Some of the initiatives and projects of Perry4Law and PTLB have now acquired international reputation.

To strengthen the initiatives and projects of Perry4Law and PTLB and to take these projects and initiatives to the next level of development, Perry4Law and PTLB are in the process of launching four crucial projects. These are:

(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.

Perry4Law and PTLB have been providing their suggestions and services regarding e-courts in India, ADR and ODR in India, techno legal online dispute resolution in India, etc. Further, Perry4Law and PTLB are also providing the exclusive techno legal e-courts training and consultancy centre of India and world wide.

We would come up with more information in this regard very soon. Dedicated websites for these platforms would also be launched very soon. We hope these initiatives and projects of Perry4Law and PTLB would help you in redressing your disputes in a timely, cost effective and appropriate manner.

Wednesday, March 7, 2012

International Commercial Arbitration In India And ODR

Arbitration is considered as an essential part of dispute resolution among commercial parties these days. Even in non commercial cases, arbitration and other alternative dispute resolution (ADR) mechanisms are used these days.

However, gradually even ADR mechanisms have become time consuming and expensive. Therefore, commercial world is looking towards information and communication technology (ICT) for a better option than ADR.

Online dispute resolution (ODR) has emerged as an alternative to ADR that is primarily technology driven. It has many advantages over traditional litigation methods and even over ADR methods. However, online dispute resolution (ODR) in India is still evolving.

Perry4Law and PTLB suggest that India must speed up the process of adoption of ODR for resolving e-commerce and international commercial disputes. E-commerce disputes resolutions in India may be resolved using ODR in the near future.

Similarly, international commercial arbitration in India would also use ODR in future. In fact, the emerging trends in international commercial arbitration in India are already pointing towards this direction.

Electronic delivery of justice in India has failed. There is no second opinion that e-delivery of justice in India is needed. Further, e-courts and ODR in India are also required to be strengthened.

If India wants to be a hub for international commercial dispute resolution and online commercial arbitration, then it must start investing in ODR and e-courts as soon as possible.

Monday, March 5, 2012

E-Commerce Dispute Resolution In India

Electronic commerce laws in India are in their infancy stage. Presently we have no dedicated electronic commerce laws in India and legal requirements for undertaking e-commerce in India are still maturing.

Similarly, adoption of online disputes resolution (ODR) in India is also at early stage. Corporate disputes and online disputes resolution in India and e-commerce disputes resolution in India are the upcoming trends that corporate world of India is exploring. Particularly, many e-commerce players in India have shown their interest in using ODR for resolving their customers’ disputes in an online environment.

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 February 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.

Corporate Disputes And Online Dispute Resolution In India

International commercial arbitration in India is witnessing a sea change and corporations and companies are also noticing the same. Corporate disputes and online dispute resolution (ODR) in India would become inseparable in near future. Even e-commerce disputes resolution in India would be resolved using information and communication technology (ICT). International online dispute resolution would also usher growth of e-courts and ODR in India.

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. The commercial division of high courts Bill 2009 also recognises that commercial disputes involving large stakes must be resolved urgently and in an expeditious manner.

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.

We need to adopt cyber arbitration in India, online arbitration in India and technology arbitration in India. Further, cyber arbitration and mediation centre in India also need to be established. Online commercial arbitration in India also needs to be developed.

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 ODR and e-courts.

Similarly, ODR and cross border e-commerce transactions and dispute resolution of cross border technology transactions are also interrelated. 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.

Perry4Law and Perry4Law Techno Legal Base (PTLB) suggest that companies and individuals must incorporate suitable “ODR clauses” so that ODR in India can grow. In fact, we are already doing so and are also providing the exclusive techno legal ODR services in India and world wide. We hope very soon ODR and e-courts would be actively used in India for the larger interest of all stakeholders.

Tuesday, February 28, 2012

E-Courts And ODR In India Needed

Electronic courts (e-courts) and online dispute resolution (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 February 2012, 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.

Perry4Law Techno Legal Base (PTLB) is the exclusive techno legal segment of ICT law firm Perry4Law and it 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.

Similarly, on the front of online dispute resolution (ODR) in India as well, we have performed not well. Although traditional alternative dispute resolution (ADR) services in India have witnessed some growth in India yet ODR is still waiting for a beginning in India. ADR and ODR in India need to be streamlined to give impetus to alternative dispute resolution mechanisms in India. Further, PTLB is the exclusive techno legal ODR services provider in India.
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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.

Online commercial arbitration in India also needs to be developed. 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.

Similarly, ODR and cross border e-commerce transactions and dispute resolution of cross border technology transactions are also interrelated. 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.

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. Let us hope that by the end of this year; at least the Indian government would start thinking in this direction.