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.