International Commercial Arbitration And Dispute Resolution In India Using ODR Platforms

International Commercial Arbitration And Dispute Resolution In India Using ODR PlatformsArbitration is considered as an essential part of dispute resolution among commercial and business entities these days. Even in non commercial cases, arbitration and other alternative dispute resolution (ADR) mechanisms are used by the parties to the dispute. Gradually even ADR mechanisms have become time consuming and expensive. Therefore, commercial and business world is now looking towards information and communication technology (ICT) for a better option than ADR for early and effective resolution of their disputes.

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. This is happening when e-commerce disputes and litigations are set for big rise in India. Even the so called smart cities of India would require a techno legal smart dispute resolution mechanism.

Recently 800 Indian companies approached the Ministry of Labour for an online labour law compliance system. The Parliament of India has also passed the Insolvency and Bankruptcy Code, 2016 to ensure ease of doing business in India. Indian government is also working in the direction of amending the Arbitration and Conciliation Act, 1996 and formulating a citizen friendly national litigation policy of India.

Perry4Law Organisation (P4LO) suggests that India must speed up the process of adoption of ODR for resolving e-commerce and international commercial disputes. E-commerce disputes resolution in India may be resolved using ODR in the near future. In fact, the techno legal centre of excellence for online dispute resolution in India (TLCEODRI) has launched a beta version of ODR platform that can be used for dispute resolution by national and international stakeholders alike. This is possible as the test platform is guided by the digital India principles and mere access of Internet would be sufficient to resolve the disputes by using our ODR platforms. In fact, the emerging trends in international commercial arbitration in India are already pointing towards this direction.

The parties intended to be covered by the present and future techno legal initiatives of Perry4Law Organisation (P4LO) and TLCEODRI include national and international stakeholders like Central/State Governments, Foreign Governments, Indian companies, multi national companies (MNCs), Public Sector Undertakings (PSUs), individuals, e-commerce websites, etc. We hope that all stakeholders would find this beta version initiative worth trying and making the same part of their business ventures and public dealings. To test the same, please create a ticket as per the category in which you fall.

Further, a special service of conducting Online Arbitration or Cyber Arbitration is also there where parties to the dispute can submit their disputes to the platforms of P4LO or TLCEODRI. The parties to the dispute must have incorporated the sample clause for getting their disputes resolved through P4LO or TLCEODRI while entering into an agreement/contract. Interested stakeholders may also contact us for drafting of such agreements/contracts where such ODR clause would be part of the same. This way parties need not to go to the courts and they can settle their disputes amicably, expeditiously and in an economical manner.

Once the Arbitrator/Arbitration Tribunal is appointed, the appointed Arbitrator/Arbitration Tribunal of P4LO or TLCEODRI would then proceed to deal with the dispute and pass a binding Arbitration award by which the parties to the dispute would be legally bound. The rules, procedures, list of panelists, etc would be uploaded on various ODR platforms of P4LO and TLCEODRI very soon.

We are also in the process of launching specialised ODR platforms for national and international stakeholders for areas like international commercial arbitration, e-commerce, etc. Please keep a tab on our platforms and websites in this regard. We hope our techno legal ODR initiatives would prove useful to all stakeholders.