Despite missing out on the potential to establish itself as an arbitration hub, India can still become a leader in conflict settlement. The usage of Online Dispute Resolution (ODR) can help India improve its ease of doing business and become a more popular dispute resolution destination.
India’s arbitration deficiencies
- The World Bank’s Ease of Doing Business report ranks India low in the ‘Enforcing Contracts’ category, indicating problems in enforcing contracts in India.
- Despite efforts to enhance its arbitration laws and norms, India is not currently a desirable location for arbitration.
India’s technological advantages
- India has exhibited technological prowess, particularly in the realm of ODR.
- Because to the broad adoption of online technology during the COVID-19 pandemic, India has a distinct advantage in this field, with the judiciary leading the way in online proceedings.
What is Online Dispute Resolution (ODR)?
- ODR is a method of resolving disputes through the use of digital technology and the internet, without the need for physical presence in a traditional courtroom setting.
- To resolve conflicts, it employs a variety of tools and platforms, including video conferencing, case management systems, digital signatures, and even advanced technology such as blockchain, artificial intelligence, and machine learning.
- ODR has various advantages over traditional dispute resolution techniques, including reduced court workload, time and cost savings, and enhanced accessibility to dispute resolution services for parties located in different geographical regions.
- ODR is gaining popularity around the world, especially in the aftermath of the COVID-19 outbreak, which has made physical hearings and meetings difficult or impossible in many circumstances.
Advantages of Online Dispute Resolution (ODR) in India
- Convenience: ODR provides a convenient way for parties to resolve disputes without the need to physically travel to a court or other dispute resolution center. This can save time and money, especially if the parties are spread out across the country.
- Efficiency: By providing tools such as case management systems, automated case flows, and digital signatures and stamping, ODR can help to streamline the dispute resolution process. This can help to reduce the time and expenses involved with traditional methods of conflict resolution.
- Accessibility: Alternative dispute resolution (ADR) can make conflict resolution more accessible to individuals and organizations, particularly those who may lack the resources to pursue traditional legal remedies.
- Expertise: ODR platforms can connect you with specialists in certain industries like intellectual property, international trade, or e-commerce, which can be very helpful in settling disputes involving complicated legal concerns.
- Confidentiality: ODR can provide a confidential environment for disputing parties, which is especially crucial when sensitive business information is involved.
- Flexibility: Unlike traditional legal techniques, ODR may be adjusted to the individual needs of the parties and the disagreement, making it a more flexible and adaptable approach to conflict settlement.
ODR Opportunities in India
- ORD already in use: Private platforms in India have already resolved thousands of conflicts through ODR, and many corporations have shifted to ODR to address minor disagreements.
- Consider alternatives to traditional tools: Multi-channel communication, case management systems, automated case flows, digital signatures and stamping, and even advanced technologies such as blockchain, natural language processing, artificial intelligence, and machine learning can all be used with ODR.
ODR Promotional Measures
The following are three essential initiatives that can be used to boost ODR in India:
- Incentives for using ODR: Incentives for using ODR include legislative measures such as making ODR the default dispute resolution method for online transactions, expediting enforcement of ODR findings, and exempting or decreasing stamp duty and court fees.
- Resolving infrastructure issues: Resolving infrastructure issues and optimising current setups such as Aadhaar kendras to serve as ODR kiosks. Each court can have its own ODR cell, as well as additional technological and administrative assistance.
- Government departments should investigate the usage of ODR as a grievance redress tool. Proactive adoption of ODR by government institutions will not only build trust in the process, but will also provide citizens with a convenient and cost-effective method of resolving issues with the government.
@the end
The ODR has the capacity to put justice at the fingertips of everyone. While India may have missed the bus to becoming an arbitration powerhouse, it can still catch up with and surpass other countries in ODR.
Source: https://www.thehindu.com/opinion/op-ed/india-must-board-the-online-dispute-resolution-bus/article66729863.ece