Concept Online Dispute Resolution in India
Globalization has been a great stimulation in the process of integration of economies and societies of different countries across the globe. It has been a great tool for breaking economic barrier and envisioning world as a market for trade. In the modern techniques of dispute resolution of commercial conflicts, emphasis has drifted from litigation to arbitration. As things are never static, emphasis is further sliding from arbitration to alternate dispute resolution procedures. Online dispute resolution in India is an important part of Legal Enablement of ICT Systems in India and Legal Framework for Information Society in India. Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 in India, e-commerce and e-governance have been given a formal and legal recognition in India. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India. The aim of this paper is to analyse the prospective use of online dispute resolution in India. The necessity of the same has arisen due to the growing use of alternative dispute resolving mechanism in India it will reduce the burdening of the already overburdened Courts in India.
The Third Party and Beyond: An Analysis of the Different Parties, in Particular the Fifth, Involved in Online Dispute Resolution
In a society that virtualises, with most of the current youth being online substantial parts of the day, to say that in the not so far future ODR will handle a large part of the disputes is not a daring prophecy. The relations between the various parties involved in ODR are more diverse and complicated than offline, both practically and legally. This article provides an analysis that stretches further than the two disputing parties and the Third Party. Several scenarios of the relationships between the various parties are analysed. One party is not human, the Fourth Party, commonly used to denote technology. In this paper it is argued that the concept of a Fifth Party as the provider of the technology is needed to understand all possible legal and practical relations.
Justice and Technology in EUrope: How ICT is Changing the Judicial Business
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