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.