Online Dispute Resolution And International Response

Online dispute resolution (ODR) is growingly seen as an effective alternative dispute resolution mechanism world over. Traditional litigation methods are time consuming, expensive and unproductive. ODR is not only speedier but is also economical and effective.

Online dispute resolution in India is still in its infancy stage. This is so because even the alternative dispute resolution in India is not free from troubles and procedural formalities.

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. ADR and ODR services in India are still evolving. There are very few ODR service providers in India.

Naturally, online dispute resolution services in India are still evolving. We have very few online dispute resolution centers in India. Further, Perry4Law Techno Legal Base (PTLB) is the sole techno legal ADR and ODR services provider in India.

Techno legal ODR services have become necessary due to growing use of information technology for business and commercial purposes world over. For instance, ODR and cross border e-commerce transactions are also interrelated. Similar is the case regarding dispute resolution of cross border technology transactions.

Similarly Online dispute resolution in Asia is still evolving. Online dispute resolution in Asian countries is largely confined to a single or two countries that also to a limited extent. Clearly online dispute resolution standards of practice for India and Asia need to be developed urgently.

However, nothing can strengthen ODR more than international efforts and international coordination activities. International legal standards for online dispute resolution (ODR) and international harmonisation of ODR is urgently required.

United Nations can play am important role in international development and international harmonisation of ODR. United Nations and online dispute resolution are closely related in this regard. In fact, UNCITRAL, ODR and India are interconnected.

Thus, it is clear that whether it is India, Asia, Europe, United States or any other international country or territory, ODR would play a very important role in effective, economical and speedier dispute resolution. Of course, United Nations has to play a more pro active role in this regard at the international level.

Online Dispute Resolution Services In India

Information and communication technology (ICT) has streamlined the way disputes are agitated and resolved. Legal proceedings are increasingly using online platforms and cyberspace for initiation of legal proceedings and their dispute resolution.

However, legal frameworks that can supplement and strengthen such disputes resolution are missing. For instance, the legal enablement of ICT systems in India is still missing. We have no legal framework for online dispute resolution in India (ODR in India) as well as for establishment and management of e-courts in India. Till now we are waiting for the establishment of first e-court of India and use of ODR in India.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we believe in the importance and use of ICT for dispute resolution. We understand the importance of ICT to the judicial system and important role of ICT in judicial reforms. Use of ICT in effective judicial system and dispute resolution is one area that deserves both national and international attention.

India is using alternative dispute resolution (ADR) mechanisms like arbitration, mediation, etc for long. However, there are very few ODR service providers in India. This is because in India we neither have awareness about ODR nor we have expertise to mange the same. Realising the same, Perry4Law and PTLB have provided the exclusive technology dispute resolution policy of India and ODR policy of India so that ODR may gain popularity and a wider acceptance in India.

At PTLB we provide the exclusive techno legal ODR services in India. These ODR services cover areas like cyber law, cyber security, cyber forensics, technology dispute resolution services, film and entertainment industry disputes resolution, etc.

Internet Corporation for Assigned Names and Numbers (ICANN) has been planning to expand the list of generic top level domain names (gTLDs) among several issues. The same was put as one of the items of the agenda to be voted and decided by ICANN at the second public meeting of the year on 20th June 2011 at Singapore.

Finally, after a long gestation period, ICANN has approved the idea of allotting new gTLDs. Of course, this allotment would not be simple process and filing of gTLD applications would need good techno legal expertise.

Further, these gTLDs allotment would also give rise to many unforeseen challenges and domain name, brands and trademarks disputes in the future. An improper representation of a case or domain dispute may result in loosing the same. Thus, before agitating a domain name dispute at national and international level, knowing of the Uniform Domain Name Dispute Resolution Policy of ICANN is a must.

We hope this note would help all the present and future domain name holders and ICANN’s new gTLDs applicants.

Dispute Prevention And Resolution In The Film And Media Industry

Film and Media Industry of India is heading towards a great growth. At the same time Film and Media Industry is also facing issues of Piracy, Copyright Violations, etc. New Digital and Technological Measures have been adopted to prevent unauthorised and illegal use of works of Film and Media Industry.

In fact, India has been planning to formulate laws on the line of Digital Millennium Copyright Act (DMCA). However, Film and Media Industry of India cannot be protected unless we adopt Techno Legal Measures to prevent unauthorised use and distribution of their works.

Film and Media Industry of India is also frequently found in disputes with other for violation of its Legal and Intellectual Property Rights (IPRs). The traditional methods of Litigation in India are not very encouraging. We have to device methods like Alternative Dispute resolution (ADR) and Online Dispute Resolution (ODR).

At the International level, the World Intellectual Property Organisation (WIPO) has been providing world class Dispute Resolution Services for long. One such Service is known as WIPO Mediation and Expedited Arbitration for Film and Media. Surprisingly, Asian Film and Media Industry are not considering utilising the Services of WIPO in this regard. They are still taking their disputes before traditional Courts.

A great deal of ADR and ODR Disputes are “Referred” by Law Firms and Practicing Legal Professionals. They incorporate suitable “ADR and ODR Clauses” in the Technology Agreements, Film and entertainment related Agreements, etc. If these Firms and Professionals do not incorporate proper Arbitration Clause, a Dispute can never reach to International Organisations and would land up in a Court of Law.

At Perry4Law we are very particular of these considerations and we Draft various Film and Media Industry related Agreement accordingly. Of course, this is done only after duly informing the Parties to the Agreement and respecting the “Party Autonomy” concept.Further, while drafting and vetting Contractual Agreements involving Film and Media Industry, 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, etc.

However, WIPO’s Mediation and Expedited Arbitration for Film and Media initiative cannot succeed till it is a part of “Holistic Effort” comprising of Law Firms and Professionals spread all over the globe.

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.

Online Dispute Resolution In Asian Countries

Online dispute resolution (ODR) is an emerging dispute resolution mechanism. It uses information technology for effective and speedier dispute resolution. Online dispute resolution in India (ODR in India) is also gaining momentum but the pace of its growth and adoption is very slow.

Overall, the use of ODR in Asian Countries is not very good if we exclude few exceptional countries. Indian business environment is not great in the absence of suitable dispute resolution mechanism. The traditional litigation method of India is a real deterrent to bring foreign direct investments and foreign companies into India to do business.

Dispute resolution in cross border technology transactions is an area that has tremendous potential. However, ODR in India is facing many legal roadblocks that are preventing India from deriving benefit out of such disputes. There is an urgent need of International harmonisation of ODR norms and standards.

At the International Level, United Nations Commission on International Trade Law (UNCITRAL) is working in the direction of providing a “harmonised legal framework” for ODR. 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. This would “drastically reduce” the changes of “adequate and forceful representation” to be made to the Government of India for suggesting use of ODR in India.

Even the alternative dispute resolution (ADR) mechanism of India needs suitable rejuvenation. For instance, the Arbitration and Conciliation Act 1996 of India needs an urgent amendment to make it conducive for effective and speedier alternative dispute resolution in India.

While the European countries and developed countries are adequately utilising ODR yet Asian countries and developing countries are lagging far behind. If India wishes to be a global hub for ADR and ODR, it has to work really hard in this direction.