Monday, May 30, 2011

Technology Dispute Resolution Providers Empanelment In India

Dispute resolution of cross border technology transactions have increased a lot. World over, individuals and organisations are working in the direction of use of online dispute resolution (ODR) for resolution of such technology related disputes.

Although this is good trend in the right direction yet there are no harmonised legal standards for use of ODR at international level. International harmonisation of ODR norms and principles is need of the hour.

In the Indian context we have very limited use of ODR for dispute resolutions. Neither the legal framework of India nor dispute resolution providers of India prefers ODR as a medium of dispute resolution.

At Perry4Law and Perry4Law Techno Legal Base (PTLB), we have suggested an international dispute resolution policy of India. This policy advocates active use of ODR in India and is the exclusive ODR policy of India.

PTLB is also in talks with national and international organisations to facilitate and encourage use of technology dispute resolutions and ODR in India and world wide. PTLB is looking forward for active national and international collaborations in this regard. Interested national and international organisations may contact us with their proposals in this regard.

Further, arbitrators, lawyers, mediators, conciliators, ODR experts, neutrals, etc that wish to work in association with PTLB may also empanel with it. Interested individuals must meet the prescribed procedure in order to be empanelled with PTLB.

A minimum five years experience in arbitration matters is required to be empanelled with PTLB. The empanelment would be for minimum of one year (1) and maximum of five (5) years. The empanelment may be renewed at the discretion of PTLB and Perry4Law. The requisite Performa for Individuals can be downloaded from “Here”. The Firms, Companies, Institutions, etc can download the Performa from “Here”.

The application form must be accompanies with proper fees in order to be analysed. Perry4Law and PTLB have the sole discretion to accept or reject the empanelment requests. It would be better if applicants seek an opinion of PTLB in this regard well in advance through an e-mail. Kindly do not remit any fees or money till a positive confirmation is given by PTLB for the possible inclusion of the applicant. Applicants are strongly advised to go through the “Empanelment Procedures” before applying.

Friday, May 27, 2011

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.