Tuesday, May 24, 2011

Technology Dispute Resolution Policy Of India

India has no policy framework for technology dispute resolution. At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been providing techno legal technology dispute resolution policies and strategies. We have been maintaining that online dispute resolution in India is the need of the hour.

However, ODR in Asian countries at large is not much popular and this includes India as well. Since there is no policy framework for ODR in India, Perry4Law and PTLB are providing the same here.

We have arranged and assembled all the possible information that we have shared with world at large in this piece of article so that individuals and international organisations like United Nations, United Nations Commission on International Trade Law (UNCITRAL), World Intellectual Property Organisation (WIPO), World Trade Organisation (WTO), etc can be benefited from the same.

Cross border technology transactions and dispute resolution is the latest trend in ODR. However, there are no international legal standards for ODR and international harmonisation of ODR is required as soon as possible. Similar is the situation regarding use of ODR for cross border e-commerce transactions.

There seems to be no effective coordination between UNCITRAL, ODR and India. Further, ODR in India is facing severe legal roadblocks that are preventing its growth in India. The Arbitration and Conciliation Act 1996 of India needs to be urgently amended to accommodate ODR, technology dispute resolutions, domain name dispute resolution, cyber squatting cases, cross border e-commerce transactions, etc. Even technological issues of intellectual property rights (IPRs) in India would require ODR mechanism.

The legal and judicial system of India needs innovative methods like ODR. At the same time, ODR is techno legal in nature and it requires ODR skill development and training for its proper utilisation in India.

All the abovementioned issues need to be formulated into ODR and technology dispute resolution policy of India. Law Ministry of India has proposed changes in the Arbitration and Conciliation Act 1996 and these suggestions can be incorporated in this same.

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