United Nations And Online Dispute Resolution

What is common between United Nations, online dispute resolution (ODR) and India? In the future one may see the collaboration between these three factors. As far as United Nations is concerned, United Nations Commission on International Trade Law (UNCITRAL) has constituted a working group on ODR. This establishes the relationship between UNCITRAL and ODR. India is going to play a major role in this entire process as an important regional ODR initiative provider, hence UNCITRAL, ODR and India are interconnected.

UNCITRAL has to come in to picture as international harmonisation of ODR is the need of the hour. It has the primary responsibility to ensure international legal standards for ODR. Similarly, online dispute resolution in India is also having its own share of discussions. However, success of ODR in India is still doubtful. To be successful, ODR in India needs urgent rejuvenation. This has happened because legal enablement of ICT systems in India is missing.

ODR and cross border e-commerce transactions are also interrelated. E-commerce is global in nature and nothing can solve disputes arising out of e-commerce more effectively than ODR. Similar is the case regarding dispute resolution of cross border technology transactions.

Individuals and Organisations are exploring the use of Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) mechanisms to resolve Technology Related Disputes, informs Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law and leading techno legal expert of India.

While drafting and vetting contractual agreements involving Technology Transfers and Licensing, we specifically and consensually incorporate an ADR/ODR clause mandating “Institutional Arbitration” through Institutions like WIPO Arbitration and Mediation Center or UNCITRAL based Arbitration Institutions, informs Dalal.

Dispute Resolution of Cross Border Technology Transactions is the latest trend in international commercial arbitration, informs Dalal. Further, Domain Name Dispute Resolution Services in India would also see an increase in near future, says Dalal.

Even the World Intellectual Property Organisation (WIPO) has recently announced that cyber squatting cases have increased significantly in the recent years. So almost every aspect of technology has a dispute element attached to it. Organisations like WIPO, UNCITRAL, etc must play a more active role for strengthening ODR mechanism in general and technology related dispute resolution mechanisms in particular.

Domain Name Dispute Resolution Services In India

World Intellectual Property Organisation (WIPO) has recently revealed that cases of cyber squatting have increased tremendously these days. Cyber squatting is an unfair practice done with bad faith that registers well known brands as domain name. The owners of these brands are then asked to purchase the domain name at a hefty price.

Although this nuisance is well known, India has no legal framework to deal with the same. Cases of cyber squatting are also on rise in India with little option but to approach traditional courts.

We have no Domain Name Protection Law in India and Cyber Squatting cases are decided under the Indian Trademark Act, 1999 informs Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law. Even Institutional Arbitration Framework has not been adequately developed by India to resolve such disputes, informs Dalal. In fact, Dispute Resolution in Cross Border Technology Transactions would be one of the areas that would emerge in the near future, predicts Dalal.

So from the point of view of both legal framework as well as institutional mechanisms, domain name dispute resolution services in India are not upto the mark. Even online dispute resolution (ODR) services in India are not upto the mark.

We have a single techno legal ADR and ODR Centre in India. Further, we have also a single techno legal ADR and ODR service provider in India. These initiatives are part of the techno legal projects and initiatives of Perry4Law Techno Legal Base (PTLB). Collectively, the exclusive E-courts training and consultancy centre of India manages the issues of ADR, ODR, e-courts, domain name dispute resolution in India, etc.

However, domain name dispute resolution through ADR or ODR is not very popular in India in the absence of international harmonisation. International Harmonisation of ODR is required that is presently governed by different sets of Rules and Procedures, suggests Dalal. Institutions like WIPO, United Nations Commission on International Trade Law (UNCITRAL), etc must think and work in this direction, suggests Dalal.

One area that requires immediate attention of international community is harmonisation of dispute resolution protocols and procedures. We must also either amend the Indian Trademark Act, 1999 or enact a separate Cybersquatting Law of India, suggests Dalal.

The scope of domain name dispute resolution services in India is great provided organisations like WIPO, UNCITRAL and PTLB works together in this regard. Presently, the efforts and initiatives of national and international organisations are fragmented and unorganised. Let us hope in future the situation would improve for the benefit of all concerned.

Online Dispute Resolution In India

Dispute resolution is an essential part of our daily lives. The traditional methods of dispute resolution involve utilising the platforms of courts and tribunals. However, the procedure followed by these courts and tribunals is not only cumbersome but also very time consuming.

To get speedier redressal of disputes, alternative dispute resolution (ADR) methods like arbitration, mediation, conciliation, etc have been developed. However, nothing can beat the use of online dispute resolution in India (ODR in India).

The use of ODR in India has many benefits but they can be achieved only if we have a well established ODR infrastructure in India. The present ODR infrastructure of India is in doldrums. India has neither a well organised legal framework nor adequate use of technology to make ODR in India a success.

According to Praveen Dalal, leading techno legal expert of India and Managing Partner of New Delhi based Law Firm Perry4Law, there is no dedicated Legal Framework for Online Dispute Resolution in India. Although some hints can be picked from the sole Cyber Law of India, as incorporated in the Information Technology Act, 2000 (IT Act, 2000), yet these random and selective provisions cannot sustain a sound, robust and long term ODR System in India.

Another reason for lack of growth of ODR in India is absence of specialised institutions that can provide training, education, research and policies for the success of ODR in India.

For instance, we have a single techno legal e-courts training, consultancy and educational centre in India. It is managing many crucial aspects of technology and law like e-courts, ODR, digital evidencing, judges and lawyers training for e-courts and ODR, cyber law trainings, etc. This centre is managed by Perry4Law Techno Legal Base (PTLB), a techno legal segment of Perry4Law.

Finally, the approach of United Nations Commission on International Trade Law (UNCITRAL) is also defective as far as India is concerned. There are very few “ODR Providers” in India and, unfortunately, none of them are part of the recently constituted “Working Group on ODR” of UNCITRAL.

In these circumstances, expecting India to be a hub for ODR services would be an over ambitious thinking. India has still to cover a long gap before ODR would be used for dispute resolution.