ODR Services Providers In Asia

Online dispute resolution (ODR) is becoming a preferred mode of dispute resolution globally. However, Asian countries in general and India in particular have still not considered using ODR for dispute resolution.

Even otherwise there are very few ODR service providers in India. Further, when it comes to techno legal ODR services in Asia or India, there seems to be very few institutions dealing with the same.

At Perry4Law Techno Legal Base (PTLB) we provide techno legal ADR and ODR services. Our services include a wide variety of areas that practically covers all the techno legal ADR and ODR disputes

We believe in party autonomy and therefore are open to all national and international norms, regulations and rules. Whether it is the Uniform Domain-Name Dispute-Resolution Policy (UDRP) of Internet Corporation for Assigned Names and Numbers (ICANN) or any other rules or norms of similar international institutions like United Nations Commission on International Trade Law (UNCITRAL), World Intellectual Property Organisation (WIPO), we adopt and utilise the relevant norms as per the requirements of the case.

Although ODR in India is facing severe legal roadblocks yet at Perry4Law and PTLB we have been providing techno legal technology dispute resolution policies and strategies. We have suggested the technology dispute resolution policy of India and ODR policy of India in the hope that Indian government would consider utilising technology related projects like ODR and e-courts more often.

At the same time we also believe that without international harmonisation, ODR can never be a global reality. We also understand the importance of national and international cooperation and collaboration and are therefore open to all sorts of proposals from global ODR community.

ADR service providers of Asia must utilise concepts like ODR and e-courts as well. Like traditional ADR mechanisms, ODR and e-courts also provide effective dispute resolution. In fact, ODR and e-courts are better mechanisms to resolve disputes without any party moving from his place.

Sooner or later ODR and e-courts have to be established and used by all Asian countries. However, the sooner they are established and used the better it would be for the citizens of these countries.

WIPO And Online Dispute Resolution

Dispute resolution is one of the main factors that decide the business environment of any country. If disputes can be settled in a timely and effective manner, the chances of business and commercial community operating in such a nation increases. In fact, dispute resolution is directly related to business doing environment of any country.

International organisations and stakeholders like United Nations, United Nations Commission on International Trade Law (UNCITRAL), European Union Commission (EU Commission), World Intellectual Property Organisation (WIPO), World Trade Organisation (WTO), etc have been recommending the use of alternative dispute resolution (ADR) and online dispute resolution (ODR) for resolving various disputes. This is so because it improves the quality of dispute resolution services that is absent in the case of traditional litigation methods.

WIPO is a well known name in the fields of intellectual property rights (IPRs) and dispute resolution and it must pay special attention is Dispute Resolution of Cross Border Technology Transactions and E-Commerce Disputes. The future disputes would be Techno Legal in nature and WIPO must be well prepared to deal with the same.

Although WIPO is world renowned for its domain name dispute resolution services yet in areas like cyber law disputes, cyber forensics disputes, e-discovery related disputes, etc, WIPO is still establishing itself. With growing competition from other international institutions and organisations like European Union, UNCITRAL, etc, WIPO cannot afford to take it lightly.

In the Indian context, Perry4Law and Perry4Law Techno Legal Base (PTLB) have been working hard regarding establishment of ODR and e-courts. In fact, Perry4Law and PTLB have recently provided the first Technology Dispute Resolution Policy of India and ODR Policy of India.

Bilateral agreements between various countries may also be beneficial for having an effective and commercially conducive dispute resolution mechanism. For instance, EU India has lots in common in this regard and India and EU must engage in an EU India ODR Development Dialogue. Similar other agreement must also be entered into between India and other countries. However, nothing is better than a harmonised framework for ODR at the International level.

EU Commission Considers ODR For Cross Border Consumer Disputes

European Union (EU) has been on the forefront of using Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) as an effective alternative for court litigations. It has been launching various projects and schemes from time to time in this regard.

Recently EU Commission launched public consultation on the use of ADR as a means to resolve disputes related to commercial transactions and practices in the EU on 18 January 2011 and it officially ended on 15 March 2011. It aimed at gathering information on the use of ADR as a means to resolve disputes with traders, at seeking Member States and stakeholders' views on the difficulties identified and at looking into possible ways in which the use of ADR within the EU could be improved. The Commission received a total of 220 responses at end of March 2011.

Respondents from all categories showed a strong support for ADR schemes as an efficient alternative to in-court proceedings for consumer disputes. They underlined the importance of developing consumer ADR schemes to benefit both consumers and businesses and, overall, to improve the well-functioning of the internal market. Many respondents supported the improvement of ODR schemes for ecommerce transactions. Most Member States and stakeholders welcomed EU level action to enhance the functioning of consumer ADR schemes. A future EU action should take account of existing national schemes. It should strengthen coordination throughout Europe.

It was generally stressed that flexibility is an essential element of ADR schemes. All respondents agreed that efficiency, speed and low costs of ADR schemes are the main incentives for consumers and businesses to use ADR and to comply with its outcomes.

It was also conveyed that the voluntary nature of ADR for business and consumers should be preserved according to many Member States and business representatives. Respondents from consumers expressed a more favourable opinion for mandatory ADR, but only for traders and especially in highly regulated sectors.

Concerning the nature of ADR outcomes many respondents, including some Member States and ADR schemes, recalled that it may depend on the conditions of a specific market (e.g. highly regulated sectors). For several consumer representatives ADR outcomes should be binding for the trader. Most business respondents stressed that the parties should agree in advance whether or not ADR outcomes should be binding.

It was also felt that a fundamental condition to improve the use of consumer ADR schemes is to raise awareness of consumers and business. All involved parties should play their role, in particular public authorities and sector regulators. Existing EU networks (ECC-NET and FIN-NET) should continue to facilitate consumers' access to ADR and provide guidance on the use of ADR schemes, in particular for cross-border disputes.

Most respondents underlined that performing ADR schemes should be guided by a number of common principles, such as independence, impartiality, transparency and effectiveness. For consumer associations the principles of consumer ADR should be included in a binding instrument. Most replies indicated the importance of monitoring the functioning of ADR schemes in order to enhance their effectiveness and the use.

Most Member States and stakeholders focused mainly on ADR to resolve individual consumer complaints. A majority of businesses are not in favour of ADR dealing simultaneously with both consumer and SME complaints. They stressed that disputes of SMEs require a different treatment, which justifies excluding them from consumer ADR schemes. Some Member States seem also to favour a separate approach for consumer and SMEs complaints.

Respondents generally emphasised the importance of different sources to fund ADR schemes. All agreed that ADR should be low cost or free of charge for the consumer.

Some business and lawyers expressed concerns about over-simplifying a system for complex industries where disputes may arise, and said that a central legal framework would have to be established for it to work, while consumer groups warned against the language difficulties that could arise in a pan-EU system.

A majority of respondents believed that a single entry point or umbrella organisations could be very useful to provide consumers with information on and guidance to the appropriate ADR scheme at both EU and national level.

According to a large majority of respondents, imposing ADR as mandatory step before court may impinge on individual consumer's right to go to court. A few respondents considered that parties in judicial proceedings could be encouraged to use ADR for specific cases, notably for low-value complaints.

Most respondents suggested that ADR schemes can improve their reputation by providing clear, transparent information on how they operate; by highlighting cost-effectiveness; by publishing outcomes, and by providing a central hub for information to redirect people to other dispute resolution options.

While European countries and developed countries are adopting ADR and ODR to a great extent, ODR in Asian countries has not been successful. In the Indian context we have no ODR Policy in India. Even we do not have a Technology Dispute Resolution Policy of India. Now we at Perry4Law and Perry4Law Techno Legal Base (PTLB) have provided ODR Policy of India and Technology Dispute Resolution Policy of India. We hope this would be helpful for all concerned.