Concept Online Dispute Resolution in India

9 Pages Posted: 21 Apr 2015

See all articles by Chitranjali Negi Advocate

Chitranjali Negi Advocate

Supreme Court of India ; Santaniello International

Date Written: April 19, 2015

Abstract

Globalization has been a great stimulation in the process of integration of economies and societies of different countries across the globe. It has been a great tool for breaking economic barrier and envisioning world as a market for trade. In the modern techniques of dispute resolution of commercial conflicts, emphasis has drifted from litigation to arbitration. As things are never static, emphasis is further sliding from arbitration to alternate dispute resolution procedures. Online dispute resolution in India is an important part of Legal Enablement of ICT Systems in India and Legal Framework for Information Society in India. Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 in India, e-commerce and e-governance have been given a formal and legal recognition in India. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India. The aim of this paper is to analyse the prospective use of online dispute resolution in India. The necessity of the same has arisen due to the growing use of alternative dispute resolving mechanism in India it will reduce the burdening of the already overburdened Courts in India.

Keywords: ODR, ADR, internet, information technology, justice, court, arbitration, negotiation.

Suggested Citation

Negi, Chitranjali, Concept Online Dispute Resolution in India (April 19, 2015). Available at SSRN: https://ssrn.com/abstract=2596267 or http://dx.doi.org/10.2139/ssrn.2596267

Chitranjali Negi (Contact Author)

Supreme Court of India ( email )

New Delhi, 110001
India

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Santaniello International ( email )

Viale Carlo Felice Italy, ROME 00185
Italy

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