How To Enroll As A Panelist For ODR Portal Of Resolve Without Litigation (RWL)

Online Dispute Resolution (ODR) is an area that is still not fully accepted and utilised world over. As far as India is concerned, ODR processes and systems are not only absent but they receive hostile treatment from Indian government and its agencies/departments. Indian government talk about making India a hub for global online companies and portals but at the same time is killing every possible technology driven project that is putting India on the world map. Naturally, we have no world class Indian company or technology project despite the fact that we introduced ODR in India in 2004.

Our journey for ODR took a decisive turn in 2010 onwards when we launched techno legal ODR portals, public awareness blogs and ODR training portal. However, as the awareness about ODR has been low and Indian government is not inclined to use the advantage of already existing projects of PTLB and Resolve Without Litigation (RWL), ODR remained a low priority for India.

But we at RWL have decided that in the year 2019 we would make India a hub for ODR irrespective of Indian government’s lack of support and active opposition. As our activities are increasing, alternative dispute resolution (ADR) stakeholders have started approaching us for colloboration and other professional alliances. National and international stakeholders are also approaching us to get their disputes resolved using our Pro Bono ODR Portal. Every dispute is of top priority to us and that is why we have drafted a Guide so that national and international stakeholders can start their dispute resolution process in just under 5 minute time.

We are not aiming for something that is basic as with 15 years of active experience that would not be the right strategy. We at RWL intend to make India a hub for Institutionalised Arbitration and Institutionalised ODR destination. We are currently working in this field and that is why we are not in a position to respond back to individual partnership offers, investments and angel investment offers, empanelment requests, etc.

We are in receipt of these communications and please note that all these communications have been put in file in order in which they have been received. We take every single communication with us very seriously. We do not neglect and would never ignore these precious offers and communications. We request national and international stakeholders to please bear with us till we come up with individual and customised replies to all the communications received by us.

RWL is currently in talks with national and international organisations to facilitate and encourage use of technology dispute resolutions and ODR in India and world wide. RWL 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. As we do not wish to miss even a single communication, we request the stakeholders to contact us simultaneously at our Twitter handles at @RWLIndia, @_PTLB, @DigitalIndiaLaw, Etc.

As the empanelment requests are pouring in great numbers and we cannot respond back individually to each such request, we have written this article as a guidance and compliance note. All empanellment requests would be entertained only if they comply with the requirements mentioned in this article.

Arbitrators, Lawyers, Mediators, Conciliators, ODR experts, Neutrals, etc that wish to work in association with PTLB may 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 RWL. The requisite Performa for Individuals can be downloaded from “Here” (Doc). The Firms, Companies, Institutions, etc can download the Performa from “Here” (Doc).

PTLB and RWL have the sole discretion to accept or reject the empanelment requests. It would be better if applicants seek an opinion of PTLB or RWL in this regard well in advance through an e-mail. Please do not remit any fees or money till a positive confirmation is given by PTLB Or RWL for the possible inclusion of the applicant as a panelist. Applicants are strongly advised to go through the “Empanelment Procedures” before applying.

We hope this article would be helpful to all national and international ADR/ODR professionals who are interested in joining our portal and ODR services.

Please note that we maintain a “Seniority List” of our Panelists based on the first year of enrollment with us. We may only be able to accomodate limited number of Panelists for our present RWL project. We would close the empanellment procedure once required number of Panelists are enrolled. Senior Panelists have certain advantages as compared to junior members that would be discussed by us in our subsequent posts.

We welcome all who are eligible to join our portal and wish all the best to those who may be eligible in future as no ODR professional would be left by us ultimately. We would accomodate them in another ODR project of PTLB in future.

Thanks for your interest in our ODR projects.

Source: RWL India Blog.

Resolve Without Litigation (RWL) Has Rejuvenated Its ODR Discussion Forum

We first discussed about online dispute resolution (ODR) in 2004 and ironically it was an international platform where we shared our views. That is because in 2004 ODR was not known in India except among a very limited number of people.

We waited up to 2010 and the position remained same. That is the year when PTLB launched a Blog titled Techno Legal Online Dispute Resolution Services outlining our unique and exclusive techno legal ODR services. We managed this service through the website of Perry4Law and simultaneously opened the ODR blog to spread awareness about ODR in India.

In 2012 we launched a dedicated website on online dispute resolution (ODR) in India and since then we have launched many ODR projects each with different objective and purpose. We also launched India’s exclusive ODR discussion forum in 2012 and we have been continuously updating it from time to time. In the latest initiative, we have completely rejuvenated the ODR discussion forum.

However, the moment it was updated and rejuvenated we were flooded with spam accounts. First we disabled self registration process for our forum and made the registration subject to administrator’s approval. But the spam accounts kept on increasing and even if they were subject to our approval they kept on clogging our resources. After much deliberation, we completely disabled registration process and now registration at our forum is based on “invitation” or “request” basis.

We understand that this would make the forum unavailable to general public but we are preparing for the larger event that would make India a hub for institutionalised arbitration and institutionalised ODR destination. We apologise for this inconvenience but we welcome national and international stakeholders working in the field of ODR to register at our forum. They can contact us at this blog or at Twitter handles of @_PTLB, @RWLIndia, @DigitalIndiaLaw, etc.

If you are an ODR expert empanelled at the portal of RWL, you can request for your account registration at ODR forum of RWL while submitting your empanelment application.

To know what type of discussion we would have on the ODR forum, please see the Guide that we have created for our users that they can use to get justice within 2-5 minutes of their time.

As we have a target of making India a hub for international commercial arbitration, institutionalised arbitration, ADR and ODR training, institutionalised ODR leader, etc, we intend to work very seriously and very hard on the forum and other portals. If you are following our tweets at Twitter, you can get all the information that can be really beneficial for you and your organisation.

With this article we are now working to fill the ODR forum with information that would be unique and of tremendous value to national and international stakeholders.

Thanks for your patience and time.

Source: RWL India Blog.

Online Dispute Resolution (ODR) For E-Commerce Disputes In India

 

E-commerce in India  is still in infancy stage. Although many e-commerce companies have tried their luck in India but almost all of them suffer from serious limitations. Indian e-commerce companies lack clear policies and they often force unconstitutional and Orwellian technologies like Aadhaar upon Indian citizens to appease Indian government. We at PTLB Projects have been warning against such unethical behaviour of Indian e-commerce and digital payment industry but they cannot see beyond a limited sphere. As a result most of the entrepreneurship and e-commerce venture ended up sooner than was expected. 

India is not a place to encourage innovation and entrepreneurship. Even ease of doing business is not the priority of Indian government. There is no culture of a robust, timely and effective dispute resolution mechanism in India. We at Resolve Without Litigation (RWL) have continued our techno legal research and projects regarding ODR that we started in 2004. But even  in 2019, Indian government does not have the techno legal acumen to understand importance and uses of ODR in India. 

This is expected from government but what is not expected and accepted from e-commerce industry is to follow the unethical and illegal demands of Indian government to force illegal technologies like Aadhaar. As Indian e-commerce industry is mostly controlled by either foreign stakeholders or Indian government, there is little that can be expected from it. Obviously, Indian e-commerce companies are also not using ODR for resolution of their disputes as customer satisfaction and dispute resolution is never there priorities. 

But we can expect that foreign e-commerce companies or foreign stakeholders controlling Indian e-commerce industry would be smart enough to use ODR for dispute resolution in India when the industry would consolidate very soon. For such smart e-commerce players, we have launched a dedicated ODR portal that can be used to resolve all e-commerce disputes in India. They can avoid costly and time consuming litigation procedures by simply signing an ODR Clause of RWL. Once the ODR Clause of RWL is incorporated into the terms and conditions of these e-commerce players and other online service providers, all consumer disputes would be resolved by us using our ODR portal. 

National and international stakeholders can get a feel of our platform by using the pro bono portal of RWL. E-commerce companies, banks, digital payment providers, etc can use the pro bono portal for first few disputes and once they are comfortable they can shift to the professional portal of RWL. We do not use Aadhaar and we would never compromise with your privacy, data and other information. So not only stakeholders are saving in terms of money and time but also they have surety that their confidential information would not be misused. 

We are currently receiving many offers for funding and we appreciate all such offers. Other financers who are looking to invest in the ever growing techno legal dispute resolution projects of PTLB are also welcome. 

We are also open to various forms of collaborations with like minded national and international stakeholders. If you have any proposal, please contact us and we would love to have you as a valuable partner. 

Once the May 2019 elections of India are over, we would rejuvenate our ODR projects and would come up with new features and additions that would be beneficial to all stakeholders. 

Exclusive Techno Legal Institutional ODR Project Of The World By PTLB

Online dispute resolution (ODR) is a comparatively new field though we at Perry4Law Techno Legal Base (PTLB) started working upon the same in 2004. Till 2010 we established ODR research and training centre and launched our own ODR portal. We launched many ODR projects with different perspective and purposes. We started these projects at our main website of Perry4Law. 

In 2012 we launched dedicated websites for ODR and e-courts respectively. We launched Techno Legal Centre of Excellence for Online Dispute Resolution (ODR) in India (TLCEODRI) in 2012. We also launched Resolve Without Litigation (RWL) project in 2015. We launched two dedicated portals for ODR too.

The first one is a pro bono portal that is training national and international stakeholders to use ODR for resolution of their present and future disputes. The second one is a professional ODR portal that is meant for our clients and those who are well versed with the use of ODR. 

However, we found that Indian government is neither technologically savvy nor it has the political will to implement ODR project in India. We at PTLB gave India an advantage in the ODR field but neither Congress nor BJP took interest in the same. On the contrary, we faced discouragement from government and departments like CGPDTM. All efforts of Indian government and its department(s) are to stiffle the growth of ODR in India rather than developing it. Even the National Litigation Policy of India (NLPI) and New Delhi International Arbitration Centre Ordinance, 2019 failed on the front of ODR. 

But other countries recognised the significance of this field and they have started working in this field. We introduced ODR in India in 2005 but till April 2019 neither Congress nor BJP showed any interest. Both wasted 14 years and India is now lagging behind in ODR field despite having 14 years lead. 

We can only hope that the new government that would come to power after May 2019 would be sensible enough to take advantage of our Techno Legal ODR expertise and projects. But we cannot take the risk and so PTLB decided to develpo ODR capabilities and expertise in India on its own. We received many funding proposal and we are presently analysing them. We appreciate these offers and would love to explore one or two of them having minimum strings attached. 

As we have already established fully functional ODR portals for almost a decade, now it is time to make India a hub for Institutional ODR and International ODR destination. That is why we revived this Blog that was started in 2010 and did some changes to it. We have changed the theme of this Blog and if due to that our readers find any mistake or discrepancy, we apologise in advance. 

As both RWL India and TLCEODRI have differnt mandates, we needed a dedicated Social Media account to share our views and announcements with national and international stakeholders. We have launched the ODR Institute Twitter handle for this purpose. The purpose of this handle is to share details about our projects that are working to establish Institutional ODR in India. 

Our existing ODR projects are sufficient to make India a destination for ODR but we have decided to launch a dedicated Institutional ODR portal. Till the same is established, national and international stakeholders can use our existing portals. We would launch the same after July 2019 once we have sufficient funding in this regard from national and international fund providers. 

The New Delhi International Arbitration Centre Ordinance, 2019

The New Delhi International Arbitration Centre Ordinance, 2019 was promulgated by President of India on March 2, 2019. Among other things, It seeks to establish an independent and autonomous regime for institutionalised arbitration in India. Indian government is planning to make the New Delhi International Arbitration Centre (NDIAC) a hub for institutional arbitration in India. The government has also decided to declare NDIAC to be an institution of national importance.

Previously, the New Delhi International Arbitration Centre Bill, 2018 was passed by Lok Sabha on 04-01-2019. However, the Bill is yet to be passed by the Rajya Sabha and it will lapse with the dissolution of the current Lok Sabha/Parliament.

As the Parliament of India is currently not in sessions, the President of India was satisfied that circumstances exist which render it necessary for him to take immediate action. By exercising the powers vested in him by Article 123(1) of Constitution of India, the President deemed it fit to promulgate the ordinance.

As the Ordinance also mandated transfer of assets of International Centre for Alternative Dispute Resolution (ICADR) to NDIAC, a notification to this effect was issued by the central government. But a case was filed before the Delhi High Court challenging that notification. The Delhi High Court stayed the notification by central government for transfer of assets in favour of NDIAC for the time being and asked the central government to file its response. However, in all probability the Ordinance would remain valid and would become a law once the new Parliament is constituted.

We at Resolve Without Litigation (RWL) welcome this Ordinance as it is the first step to make India a premier destination for institutional arbitration and institutional ODR. However, much has to be done as stakeholders in India are not only slow in taking necessary steps but they are also averse to adoption of technology for dispute resolution purposes.

Some of the salient features of the Ordinance are:

(1) NDIAC has been constituted as a body corporate with similar rights and liabilities as a body corporate,

(2) NDIAC has been declared as an institution of national importance.

(3) The head office of NDIAC shall be at New Delhi and it may, with prior approval of Central Government, establish branches at other places in India and abroad,

(4) All possible moveable and immovable properties, including proprietary rights therein, of ICADR shall be transferred to NDIAC. Delhi High Court is presently seized with a litigation in this regard between ICADR  and Central Government,

(5) The objects of NDIAC are:

(a) To bring targeted reforms to develop itself as a flagship institution for conducting international and domestic arbitration

(b) To provide facilities and administrative assistance for conciliation mediation and arbitral proceedings;

(c) To maintain panels of accredited arbitrators, conciliators and mediators both at national and international level or specialists such as surveyors and investigators;

(d) To facilitate conducting of international and domestic arbitrations and conciliation in the most professional manner;

(e) To provide cost effective and timely services for the conduct of arbitrations and conciliations at Domestic and International level;

(f) To promote studies in the field of alternative dispute resolution and related matters, and to promote reforms in the system of settlement of disputes;

(g) To co-operate with other societies, institutions and organisations, national or international for promoting alternative dispute resolution, etc.

(6) NDIAC may constitute such committees as may be considered necessary to administer various aspects of its functions,

(7) There shall be a Chief Executive Officer (CEO) of NDIAC who shall be responsible for day-to-day administration of the Centre,

(8) The NDIAC shall establish a Chamber of Arbitration which shall empanel the Arbitrators and also scrutinise the applications for admission in the panel of reputed arbitrators to maintain a permanent panel of arbitrators,

(9) The NDIAC may establish an Arbitration Academy to train the Arbitrators, to conduct research in ADR and allied fields, to give suggestions for achieving the objectives of the Ordinance, etc,

These are good provisions but they are still cautious in nature. Indian government is still not confident that it can establish world class online dispute resolution (ODR) institutions in India. The main focus of the Ordinance is to make traditional Arbitration more effective and unless the NDIAC is tech oriented, this would remain the situation says Praveen Dalal.

ICADR failed for this reason and even NDIAC may face similar fate unless government is pro active and start using techno legal expertise of platforms like Resolve Without Litigation (RWL).

Source: RWL India Blog.

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.

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.

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.

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.

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.

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.

International Online Dispute Resolution

Commercial transactions have transborder ramifications. A person resident in country A may purchase a good from country B and make payment to country C. If a dispute occurs due to defect or impropriety of such good, multiple jurisdictions are involved. This makes the dispute resolution procedure costly, time consuming and highly unproductive.

These days’ alternative dispute resolution (ADR) mechanisms are considered more favourably than traditional litigation methods for resolving various commercial disputes. Further, with growing use of information and communication technology (ICT), online dispute resolution can also be an effective mode of dispute resolution.

However, International response to online dispute resolution (ODR) is still lukewarm. ODR has been increasingly seen as a good and viable option for commercial disputes resolutions. However, adoption of ODR at the national and international level is still not satisfactory.

Online dispute resolution (ODR) and international response is though improving yet international organisations like United Nations have to play a more pro active role in this regard. United Nations and online dispute resolution has seen a significant development in the recent past and more is expected in this regard. Similarly, ODR must be supplemented by other judicial technological innovative mechanisms like electronic courts.

Online dispute resolution in India is still in its infancy stage. ADR and ODR services in India are still evolving. Naturally, online dispute resolution services in India are still evolving. We have very few online dispute resolution centers in India. Further, Perry4Law Techno Legal Base (PTLB) is the sole techno legal ADR and ODR services provider in India.

Similarly, e-courts in India have still not been developed. Of course, we have computerised some courts in India but mere computerisation of courts is not establishment of e-courts. A successful establishment of e-court in India requires managing all traditional litigation related issues in an online environment that is presently missing in India. Further, training of e-court staff is also required. We have a single techno legal e-courts training and consultancy centre of India and world wide managed by PTLB.

Clearly, ODR and e-courts need to be developed further at both national and international levels. Although work in these directions is in progress yet we need to increase the speed at which these developments are taking place. But the future of ODR and e-courts is definitely bright and they must be adopted and used at both national and international level.

International Response To Online Dispute Resolution

Internationally dispute resolution for commercial transactions is increasingly seen as an important aspect before starting any business venture at a particular jurisdiction. If a nation has bad reputation for dispute resolution through traditional litigation, foreign direct investment in and business development of that nation is adversely affected.

Online dispute resolution (ODR) is growingly seen as an effective alternative dispute resolution mechanism world over. Traditional litigation methods are time consuming, expensive and unproductive. ODR is not only speedier but is also economical and effective.

Online dispute resolution in India is still in its infancy stage. This is so because even the alternative dispute resolution in India is not free from troubles and procedural formalities.

However, success of ODR in India is still doubtful. To be successful, ODR in India needs urgent rejuvenation. This has happened because legal enablement of ICT systems in India is missing. ADR and ODR services in India are still evolving. There are very few ODR service providers in India.

Naturally, online dispute resolution services in India are still evolving. We have very few online dispute resolution centers in India. Further, Perry4Law Techno Legal Base (PTLB) is the sole techno legal ADR and ODR services provider in India.

Techno legal ODR services have become necessary due to growing use of information technology for business and commercial purposes world over. For instance, ODR and cross border e-commerce transactions are also interrelated. Similar is the case regarding dispute resolution of cross border technology transactions.

Similarly Online dispute resolution in Asia is still evolving. 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.

However, nothing can strengthen ODR more than international efforts and international coordination activities. International legal standards for online dispute resolution (ODR) and international harmonisation of ODR is urgently required.

United Nations can play am important role in international development and international harmonisation of ODR. United Nations and online dispute resolution are closely related in this regard. In fact, UNCITRAL, ODR and India are interconnected.

Thus, it is clear that whether it is India, Asia, Europe, United States or any other international country or territory, ODR would play a very important role in effective, economical and speedier dispute resolution. Of course, United Nations has to play a more pro active role in this regard at the international level.

Dispute Resolution In Technology Transactions

Technology transactions are being entered into and transacted world over. These technology transactions have global impact and global ramifications. However, when it comes to disputes resolution, global transactions have their own problems.

Since there are numerous jurisdictions involved in technology transactions, it is always better to decide in advance the resolution method of any possible future technology transactions disputes.

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.

Obviously, we need an effective alternative to traditional litigation methods to resolve cross border technology transactions and dispute resolutions. Alternative dispute resolution (ADR) mechanisms like arbitration, conciliation, mediation, etc can be used effectively to resolve these technology transactions disputes.

However, even ADR has its own limitations as compared to technology driven dispute resolution mechanisms. These days online dispute resolution (ODR) is increasingly considered as a viable option for resolving various disputes. Technology transactions disputes can be effectively resolved using ODR techniques.

For instance, online dispute resolution (ODR) for cross border e-commerce transactions is already been used to resolved small value disputes. Very soon ODR may be extended for high value disputes and other category of disputes. Similarly, domain name disputes resolution is also effectively resolved through ODR mechanism by many individuals and organisations world over.

ODR at the international level needs to be strengthened. For this we need an international harmonisation of ODR legal framework as well as suitable policies at the national level. Efforts in this direction have already been undertaken at the international level and very soon we may see some development in this regard.

Privacy Laws In India, Dispute Resolution And ODR

Privacy rights are central to almost all the things and concepts. The same applies to dispute resolution in general and online dispute resolution (ODR) in particular. When parties submit their personal details, confidential information and other sensitive matter, it become utmost important to protect all such information.

We have no dedicated privacy laws in India and data protection laws in India. Naturally, this is a troublesome and undesirable situation. The supreme court of India has interpreted Article 21 as empowering Indian citizens with right to privacy in India.

However, despite this constitutional protection, various governmental projects in India are opening ignoring Article 21 and are clearly violating the same. This is happening because we have no national privacy policy in India.

Further, we have no privacy laws in India as well. Although some privacy guidelines have been issued by one or two departments of Indian government yet they are far from satisfactory and cannot replace a well structured privacy law of India.

Privacy rights in the information era require a totally different outlook. In fact, privacy rights form an essential part of civil liberties protection in cyberspace that India is presently ignoring.

For instance, consider the projects like Aadhar, National Intelligence Grid (NATGRID), Crime and Criminal Tracking Network and Systems (CCTNS), National Counter Terrorism Centre (NCTC), Central Monitoring System (CMS), Centre for Communication Security Research and Monitoring (CCSRM), etc.

They must be supported by a techno legal framework and must be civil liberty complaint. Presently, none of them are governed by any Legal Framework and none of them are under Parliamentary Scrutiny. These projects are openly violating various human rights/civil liberties, including right to privacy.

It is high time to formulate privacy laws in India so that constitutional freedoms and rights are not considered to be just legal jargon we no actual implementation. Further, it is also required so that online commercial dispute resolution in India can survive and grow. The sooner privacy laws are formulated in India the better it would be for all stakeholders.

Online Commercial Arbitration In India

Arbitration is a cost effective and expeditious dispute resolution mechanism. A majority of commercial disputes are resolved through the mode of arbitration. International commercial arbitration has also become an emerging trend these days. Generally, an arbitration clause is incorporated in various contracts and commercial contracts that prescribe resolution of a future dispute through arbitration.

Traditional litigation is not a productive mechanism to resolve disputes as it is costly and time consuming in nature. Thus, there is a gradual shift from litigation to arbitration in commercial matters.

A new aspect has been added to commercial dispute resolution and commercial arbitration by the information and communication technology (ICT). ICT has introduced a novel dispute resolution mechanism known as online dispute resolution (ODR). Although ODR in India has still to keep a pace yet it has been used in developed countries for many purposes, especially for resolving cross border e-commerce disputes.

At Perry4Law Techno Legal Base (PTLB) we are not only providing training and courses on ODR but are also actively using the same for contractual and commercial disputes resolution in India. In fact, Perry4Law and PTLB have provided the exclusive technology dispute resolution policy of India and ODR policy of India so that ODR may gain popularity and a wider acceptance in India.

PTLB has supplemented its ODR initiatives with other techno legal initiatives. The chief among them are e-courts research and training centre, digital evidencing centre, cyber forensics centre, etc. We hope our initiatives and efforts would be beneficial for the growth of online commercial arbitration in India and world wide.

44th Session Of United Nation Commission On International Trade Law (UNCITRAL) In Vienna

United Nations Commission on International Trade Law (UNCITRAL) is currently holding its 44th Session from 27 June to 8 July 2011. It would discuss many important aspects having a direct bearing upon International issues.

This is a very important Session as it is covering many crucial issues that have Trans Border implications. Further, UNCITRAL is also acting as a “Harmonisation Platform” where International Norms and Regulations are formulated for wider international adoption. Among other issues, the finalisation and adoption of draft texts on procurement and insolvency will be key topics for consideration.

The revised text of the UNCITRAL Model Law on Public Procurement, to be considered by the Commission, extends the application of the Model Law to all public procurement, streamlines and strengthens provisions in a number of areas, in particular on remedies and enforcement, and includes new provisions, such as on e-procurement, abnormally low submissions, conflicts of interest, electronic reverse auctions and framework agreements.

The revisions are aimed at assisting States in formulating modern procurement laws where none presently exist or modernising and enhancing their existing procurement law. While developing countries and States whose economies are in transition may find the text of particular benefit, its provisions are intended to be applicable to all States.

Further, another important issue that would be discussed at this Session pertains to finalisation and adoption of judicial materials on the UNCITRAL Model Law on Cross-Border Insolvency. If agreed by the Commission, it is expected that the updating would be undertaken by the Secretariat in consultation with judges and, as appropriate, other insolvency experts.

In the area of technical assistance, the UNCITRAL Secretariat will also inform the Commission of recent developments with regard to the potential establishment of UNCITRAL regional centres and activities to be undertaken by such centres.

The agenda for the meeting also includes reports from working groups, including progress reports on the preparation of texts on transparency in treaty-based investor-State arbitration, online dispute resolution for cross-border electronic commerce transactions and registration of security rights in movable assets.

The coordination of UNCITRAL's work with that of other international organisations active in the field of international trade law, its role in promoting the rule of law, its possible endorsement of the revision of the ICC Uniform Rules for Demand Guarantees and its potential future work are also scheduled for discussion. This is an important session and its outcomes would be very relevant for numerous aspects of International Trade and Dispute Resolution.