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.

Legal and Judicial Systems Of India Need Innovative Methods

Indian judiciary is under tremendous pressure and the increasing backlog of cases is further adding stress to its already stressed functioning. No matter how many courts we open and no matter how many judges we recruit, this backlog of cases would keep on increasing. This is so because our legal and judicial system is deficient and defective.

The legal system is defective as it provides breeding ground for excessive, redundant and fruitless litigation. The governmental departments are in a “compulsive habit” of dragging cases up to the Supreme Court level even though they need not be filed at the very first stage themselves. There are no efforts taken to use alternative dispute resolution (ADR) mechanisms like arbitration, conciliation, mediation, etc to settle cases out of court.

The judicial system is defective as it allows these redundant cases to be filed and dragged up to the level of Supreme Court. No sincere and serious efforts are undertaken to divert civil disputes to ADR mechanisms. The judicial system is also lethargic to adopt and use information and communication technology (ICT) for dispute resolution and effective justice administration.

The truth is that India needs innovative methods to tackle increasing backlog of cases and future cases. At least two innovative methods can be adopted by Indian judiciary. The first one pertains to adoption of online dispute resolution (ODR) mechanisms in India. Till now not even ADR has been properly used in India so using ODR seems to be a distant dream.

Secondly, nothing is more effective than use of e-courts in India. Till the month of August 2010 we are still waiting for the establishment of first e-court in India. India is really confused between computerised courts and e-courts. Whereas India has few computerised courses it has no e-court till now.

There is an urgent need of bringing suitable legal and judicial reforms in India and innovative concepts like ODR and E-Courts can go a long way in achieving this objective. The National Litigation Policy of India (NLPI) has also unfortunately failed to accommodate these innovative concepts. Law Minister Veerappa Moily must include these innovative methods in the amended NLPI as soon as possible.