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.
