In this guest
post by Perry4Law Techno Legal Base (PTLB)
we are exploring the technological and innovative means used by PTLB
to strengthen the online
dispute resolution and e-courts initiatives of India. The
best part about these initiatives of PTLB is that they are techno
legal in nature that is taking care of both technical and legal
aspects of online dispute resolution and e-courts.
Online
dispute resolution in India (ODR in India) is an important
part of Legal
Enablement of ICT Systems in India and Legal
Framework for Information Society in India. Legal
enablement of ICT systems helps in establishing a transparent,
efficient, accountable and effective legal and judicial system by
utilising various ICT mechanisms.
Besides Online
Dispute Resolution (ODR) In India other facets of legal
enablement of ICT systems in India include establishment of e-courts
in India or e-judiciary
in India and online
arbitration in India. However, at the end of October 2012
we are still waiting for the establishment of first
e-court of India and there are very few online arbitration
and online dispute resolution service providers in India.
At PTLB we are managing the exclusive Techno
Legal Centre of Excellence for Online Dispute Resolution (ODR) in
India (TLCEODRI). Further, PTLB is also providing the
exclusive Techno
Legal Online Dispute Resolution Services in India. The
exclusive Techno Legal Online Dispute Resolution (ODR) Centre of
India is also managed by PTLB.
Some of the emerging areas in India in these
directions are Domain
Name Dispute Resolution in India, Corporate
Disputes and Online Dispute Resolution in India,
International
Commercial Arbitration in India and ODR, E-Commerce
Dispute Resolution in India, International
Online Dispute Resolution, Dispute
Resolution in Technology Transactions, Online
Commercial Arbitration In India, Online
Dispute Resolution Standards Of Practice For India And Asia, Legal
Standards For Online Dispute Resolution For Cross-Border Electronic
Transactions, Dispute
Resolution Of Cross Border Technology Transactions, UNCITRAL,
ODR And India, Online
Dispute Resolution And Cross Border E-Commerce Transactions, etc.
While International
Response to Online Dispute Resolution is pretty good yet
Indian response in this regard is far from satisfactory. In fact, ODR
In India Is Facing Severe Legal Roadblocks. At the
international level as well, International
Harmonisation Of ODR Is Required. International
Legal Standards For Online Dispute Resolution must be
urgently formulated.
On the front of regulatory environment and disputes
resolution as well, India has to make necessary changes in its
regulatory environment. The commercial disputes issues that affect
foreign investors operating in India may include inadequate handling
of statutory legal compliances by the Indian partner, management
control i.e. (Indian corporate laws over ride any private contractual
terms between the joint venture partners, unless such terms are
addressed and reflected in the Articles of Association of the
company) and protection of intellectual property rights, and double
tax issues. Foreign investors may take pre-emptive steps
against frivolous litigation (criminal charges) by including suitable
arbitration clauses in their agreements.
Thus a practical aspect to consider may be
uniformity and alignment between applicable law, rules, venue and
forum for arbitration, enforcement of foreign judgments and awards in
India, apart from logistics of perhaps having to manage
multi-jurisdictional legal teams, including costs.
National and international ODR and e-courts
stakeholders may contact us with their concrete proposals of they
wish to collaborate with us on our techno legal ODR and e-courts
projects.
