ONLINE DISPUTE RESOLUTION A CASE STUDY

Jun 18th, 2015
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ODR or online dispute resolution is increasingly a necessary face of ADR and not a separate form. It is also not a new development. In this world of instant communication, disputes require instant redressal which traditional modes of dispute resolution are unable to proffer. In today’s rapidly paced world of science and technology, it is quite common to witness technological advances occurring so fast that the law is hard pressed to keep up. A similar situation has arisen with ODR. The paper discusses, on the basis of a case study, whether ODR can be fully embraced within the framework of the Indian law on arbitration and if not, identifies potential obstacles and suggests practical solutions. After reflection and it is ascertained that the majority of the issues can be resolved merely by “deeming” a juridical seat or place for the virtual arbitration. Also, ODR can be conducted in an impure form to accommodate present-day formal requirements by rendering the awards

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ONLINE DISPUTE RESOLUTIONA CASE STUDY BASED EXAMINATION UNDER INDIAN ARBITRATION LAW- Devika Singh1Abstract: ODR or online dispute resolution is increasingly a necessary face of ADR and not a separate form. It is also not a new development. In this world of instant communication, disputes require instant redressal which traditional modes of dispute resolution are unable to proffer. In today's rapidly paced world of science and technology, it is quite common to witness technological advances occurring so fast that the law is hard pressed to keep up. A similar situation has arisen with ODR. The paper discusses, on the basis of a case study, whether ODR can be fully embraced within the framework of the Indian law on arbitration and if not, identifies potential obstacles and suggests practical solutions. After reflection and it is ascertained that the majority of the issues can be resolved merely by "deeming" a juridical seat or place for the virtual arbitration. Also, ODR can be conducted in an impure form to accommodate present-day formal requirements by rendering the awards in writing with the signature (or digital signatures) of the arbitrators. Upon analysis, it is evident that only minor adjustments are needed for Indian law to fully embrace ODR as a preferred mode of arbitration. There is already a very positive trend towards embracing all facets of ODR in India and it is evident that this trend will only strengthen with passing time.A.INTRODUCTIONToday, the new

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