European Commission Suggested Use Of Online Dispute Resolution

European Commission has been actively involved in using information and communication technology (ICT) for dispute resolution. Whether it is alternative dispute resolution (ADR) or online dispute resolution (ODR), European Commission is recommending use of technology to resolve various disputes.

Recently European Commission suggested use of ODR for cross border consumer disputes. Tilburg Law School at Tilburg University has also launched a project that would sue technology in Europe to broaden access to justice. Now European Commission has suggested use of ODR for consumer dispute resolution. The Commission says this will be a cheaper and possibly more effective way for consumers to get redress in disputes with traders

The European Commission wants member states to introduce online alternative dispute resolution (ADR) schemes consumers can use when in dispute with traders. The Commission is concerned about an absence of ADR schemes in some market sectors. It also said the lack of information available to both traders and consumers about ADR schemes needed to be addressed.

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. We also hope India would also consider active sue of technology for dispute resolution.

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.