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.

Online Dispute Resolution Standards Of Practice For India And Asia

Online dispute resolution in India (ODR in India) and Asian countries has yet to pick a pace. There is a lack of awareness about the concept of ODR in general and its use in particular.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have already provided technology related dispute resolution policy of India and ODR policy of India that Indian government may consider and use while enacting laws regarding ODR and use of technology in dispute resolution.

Perry4Law and PTLB now wish to provide their suggestions regarding the standards of practice that may act as guidelines for practice across the spectrum of ODR in India and Asian countries.

We believe that ODR may be used for a wide variety of purposes and at various stages of dispute resolution. It may be used even before a dispute arises and may be helpful in removing the doubts and difference that may ultimately become a dispute.

We believe that the standards of practice must be not only “technology neutral” but also free from technical and legal complexities. “Party autonomy” must play the decisive role in the use and adoption of ODR in India and Asian countries. If parties prefer to use ODR for dispute resolution, technical and legal requirements must not come as hurdles.

Further, having multiple laws at international level is not conducive for the use of ODR. There is an urgent need to formulate “international standards” regarding use of ODR. Further, “international harmonisation” of ODR principles is also required.

The ODR system must be easily accessible to the parties to ODR mechanism. Effective use of e-governance and language translation service could help in this regard. ODR must also be easy to use and use friendly. Public awareness in this regard is a must and the same must be accompanied with a good techno legal ODR training of the stakeholders. At Perry4law and PTLB we not only spread awareness about use of ODR but are also providing research, education and training regarding ADR and ODR. We are also engaged in ODR and e-courts skills development in India.

Access to justice becomes a major hurdle while using technological solutions like ODR and e-courts. The marginalised segment of population must be made aware of how to use technology for ODR and e-courts purposes.

ODR mechanisms must be transparent and fair regarding the identities and affiliations of the ODR providers, the identities and affiliations of the interveners and managers of the ODR systems, and the security efforts undertaken by the ODR providers to safeguard user data and identity.

Jurisdictional issues and place of dispute resolution must be clearly specified and conveyed to the parties to the dispute. The ODR clauses in legal and non legal agreements must clearly specify the usage of ODR and a particular ODR service provider or panelist. It is generally claimed that the place where the ODR process occurs is where the ODR platform is.

ODR service providers must disclose their physical location and minimum contact details. Of course, without a “professional relationship” being established, other contact details should not be disclosed to prevent “spam communications”.

ODR panelists and service providers must have good techno legal skills and expertise to engage in ODR dispute resolution. A person or institution possessing both technical and legal knowledge (techno legal skills) is the ideal institution or individual for ODR purposes. ODR platforms must also ensure that in cases of need, expertise of professionals from various fields is available on request.

Bona fide works and efforts of ODR service providers and ODR panelists should be legally and equitably protected under all the jurisdictions of the world. A clause in this regard must be incorporated in the ADR and ODR laws of various countries as well as in the agreement to hire ODR services of an individual or institution dealing in ODR service providing.

ODR service providers must ensure privacy, confidentiality and data security of various details, data, information, etc as required by national, regional and international law.

These are just basic level suggestions and more detailed suggestion and policies would be provided by Perry4Law and PTLB in due course of time. We are also working in the direction of providing an ODR legal framework for India that can be adopted by other Asian countries, with or without modifications.

Techno Legal Assistance By PTLB For Filing GTLD Applications To ICANN

The world of domain name has been significantly changed after the Internet Corporation for Assigned Names and Numbers (ICANN) approved its long-awaited new gTLD allotments at its Second Public Meeting of the year on 20th June 2011 at Singapore. However, ICANN 41 is much more than just gTLD meeting as many more crucial and related issues would also be discussed.

Meanwhile, it has been finally decided that gTLDs would be issues during the starting of next year. Although the decision has been taken yet there are many challenges that must be successfully met in order to enjoy the benefits of gTLDs. Further, the window of opportunity would be opened for a short period of time hence there is no scope for any mistakes.

The period for applying for gTLDs would starts on January 12, 2012, and will end on April 12, 2012. Applicants must apply within this short period of time that also successfully and without mistakes.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that the trademark owners, brand owners, etc must start getting enough knowledge about the procedure as soon as possible. This way they can formulate their strategies in this regard much before the application period begins.

Since the conditions imposed by ICANN are very stringent, it would be a smart move to constitute a team of techno legal experts who can successfully file the application and get the gTLD registered.

Interested persons or organisations may contact PTLB in this regard for collaborations or partnerships. Further, those interested in obtaining a gTLD may also contact us in this regard, if they deem it necessary.

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.

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.

Dispute Resolution Of Cross Border Technology Transactions

By
Praveen Dalal

Dispute Resolution in Cross Border Technology Transactions is an area that has tremendous potential. There are diverse natures of Information and Communication Technology (ICT) related disputes that can be effective solved using Alternative Dispute Resolution (ADR) or Online Dispute Resolution Mechanisms.

However, the crucial question is whether India is ready for Dispute Resolution of Cross Border Technology Transactions and E-Commerce Transactions? I am not talking about use of traditional Litigation Methods for the same. Of course, they are sufficient to resolve these Technology Related Disputes. What I am discussing here is use of ADR and ODR by Individual Panelists and Institutional Arbitration Institutions of India.

The present ODR Regime of India is facing severe Legal Roadblocks. We have neither Legal Framework nor Technical Expertise to engage in high profile and highly technical Technological Disputes. We have no Domain Name Protection Law in India and even Cyber Squatting cases are decided under the Indian Trademark Act, 1999. Even Institutional Arbitration Framework has not been adequately developed by India to resolve such disputes.

Even Domain Name Dispute Resolution in India through ODR is not very popular in the absence of International Harmonisation of ODR Framework. International Harmonisation of ODR is required that is presently governed by different sets of Rules and Procedures.

Just like Uniform Domain Name Dispute Resolution Policy (UDRP) is a Standard for resolving Domain Name Disputes, similar Standards and Norms must be established for all Technology Related Disputes resolvable by using ODR mechanism. Institutions like WIPO, United Nations Commission on International Trade Law (UNCITRAL), etc must think and work in this direction. We must also either amend the Indian Trademark Act, 1999 or enact a separate Cyber Squatting Law of India.

With a pro active approach at both National and International Levels, Technology related disputes can be effectively and economically resolved. We at Perry4Law and Perry4Law Techno Legal Base (PTLB) are working in this direction. Collectively, the exclusive E-Courts Training and Consultancy Centre of India manage the issues of ADR, ODR, E-Courts, Domain Name Dispute Resolution in India, etc.

We hope our initiatives would prove useful to all concerned, especially to WIPO and UNCITRAL.

International Legal Standards For Online Dispute Resolution

Alternative Dispute Resolution (ADR) in India (ADR in India) is primarily guided by the Arbitration and Conciliation Act, 1996. It has been almost 14 years since the Act has been enacted and lots of economical, commercial and technological changes have taken place since then.

This is the main reason why Law Minister Dr. Veerappa Moily has suggested for bringing suitable amendments in the same. Even the National Litigation Policy of India (NLPI) has incorporated good provisions regarding effective use of ADR in India.

However, neither the NLPI nor any other statutory or administrative provisions has shown any interest in use of Information and Communication Technology (ICT) for dispute resolution. Naturally, Online Dispute Resolution (ODR) in India (ODR in India) does not exist.

The problem of ODR does not end here. Currently, there are few “Legal Standards” on ODR Worldwide. Further, there is no “Harmonised Model” that can be adopted by all the Nations. If Nations keep and use their respective country law for ODR purposes, the entire purpose of using ODR would be frustrated. This is so because there would be lots of “Conflicting Laws and Norms” that would frustrate the growth of ODR Worldwide.

It is now a widely accepted fact that traditional judicial mechanisms for legal recourse did not offer an adequate solution for cross-border electronic commerce disputes. The solution might reside in a global ODR system for small value, high volume B2B and B2C disputes.

The United Nations Commission on International Trade Law (UNCITRAL) is working in the direction of providing a “Harmonised Legal Framework” for ODR. At its forty-third session (New York, 21 June to 9 July 2010), the Commission considered a note by the Secretariat on the issue of ODR and constituted a “Working Group III” on ODR in this regard.

The 22nd session of the Working Group III would be held on 13-17 December 2010 at Vienna. Among other issues, it would consider preparation of legal standards on ODR. This is the trickiest business as countries like India are not prepared for the present “ODR Regime”. Popular support at the National level of India is required before any such initiative can succeed in India.

In the absence of any “Harmonised Law”, ODR is bound to fail. UNCITRAL has already started the ball rolling by seeking the support of representatives of almost all the countries all over the World, including India. Although the intentions are good yet there is a “Severe Lacuna” in this approach. Along with the “Institutions” who are part of the Working Group III, the UNCITRAL must extent its reach by including those Organisations or Firms or even Individuals who possess expertise in this regard. For instance, in India there are very few “ODR Providers” and none of them are part of the “Working Group III”. In such circumstances, legal standards for ODR in India cannot be formulated as the ODR experts have already been excluded from this exercise. The “Institutional Framework” of UNCITRAL may not allow inclusion of Organisations/Firms/Individuals, but without their active support this ODR exercise may not succeed.

We at Perry4Law and Perry4Law Techno Legal Base (PTLB) are working in the direction of making ODR in India a success. We are providing ADR and ODR Trainings in India so that the “Culture” and “Legislative Framework” for effective ADR and ODR can be developed in India.

We wish all the best to UNCITRAL and its Working Group III and hope that their efforts and initiatives would materialise into a “Globally Accepted ODR Framework”.

Online Dispute Resolution And Cross Border E-Commerce Transactions

Online dispute resolution (ODR) essentially involves innovative use of Information and Communication Technology (ICT) to resolve disputes. ODR is an improvement of the traditional alternative dispute resolution (ADR) mechanisms like arbitration, mediation, conciliations, etc. Although all these forms of ADR mechanism are still used in ODR yet the main difference is that of technology.

Being technology driven, ODR is a very wide field. It can be used for resolving various interpersonal disputes including consumer to consumer disputes (C2C) or marital separation; to court disputes and interstate conflicts. However, the most significant use of ODR is its application to e-commerce. In particular ODR is most suitable for resolving disputes arising out of business to consumer (B2C) and business to business (B2B) online transactions.

ODR is also conducive for resolving disputes between parties that are residing in far away and opposite countries of the World. In this ICT connected World, ODR is increasingly used for resolving disputes arising out of cross-border electronic commerce transactions, including B2B and B2C transactions.

However, ODR cannot succeed in the absence of harmonised legal and regulatory framework. There must be a common standard and best practices for ODR to succeed. Similarly, another key factor for the success of ODR is efficient enforcement. Without efficient enforcement ODR would lack the appeal to the parties to adopt ODR for dispute resolution.

Although the journey of ODR has begun yet it has still to cover a long gap. At Perry4Law we would always strive for the betterment of ODR in general and parties to the dispute in particular. Our specialised Techno Legal Segment Perry4Law Techno Legal Base (PTLB) has been working in the sphere of “International Harmonisation” regarding ODR.

We are not only providing Techno Legal ODR Services but are also working in the direction of Research, Training, Education and Policy Making regarding ADR and ODR. We hope our initiatives and efforts would prove useful for all concerned.

Online Dispute Resolution Got Techno Legal Boost

Alternative Dispute Resolution (ADR) is an important method of speedier, economic and effective dispute resolution. Information and communication technology (ICT) has further increased the efficiency and benefits of ADR. Now the newer concepts like Cyber Arbitration, Cyber Mediation, Online Dispute Resolution (ODR), etc have emerged. 

Trans border E-Commerce activities and business activities mandate that there must be an effective, timely and suitable ADR and ODR mechanism in place where business have to be established. This correlation of foreign direct investment and ADR and ODR is not only direct but also very remunerative. Absence of effective ADR and ODR mechanism may prove detrimental to the valuable foreign exchange. 

Perry4Law is managing exclusive Techno Legal ADR and ODR Services in India and World wide. Further, Perry4Law Techno Legal Base (PTLB) is also managing the best techno Legal ADR and ODR Research and Training Centre of India and World wide. The best part is that these ADR and ODR initiatives have been “Integrated” with an allied and very promising field known as E-Courts.

To provide holistic and coordinating activities regarding ADR and ODR, Perry4Law and PTLB have launched the most comprehensive Techno Legal Initiatives of the World. This initiative is combining all the possible aspects of Techno Legal Field at a “Single Platform”.The only requirement that remained was a Blog through which we can share our ideas, projects, initiatives, collaborative activities, etc. With the present platform even this has been achieved.

Persons or institutions interested in having a joint project, sponsorship, partnership, tie up, association, memorandum of understanding (MOU), etc may contact us in this regard.