Rejuvenating the Law through Technology in India with Special Reference to Corporate Governance, the Judicial System and Alternate Dispute Resolution

Abstract

The law is meaningless, if it is not uniform in its application. This uniformity can only exist when the law is accessible. Technology has played a central role in helping people adapt to the new realities of physical restrictions brought about by the COVID-19 pandemic. The web of restrictions threatened accessibility to the Law and the uniformity of its application. However, entities soon adapted to the new normal by using technology. This paper examines these adaptations and assesses the positive impact that technology provides across diverse parameters and its desirability in the present COVID-19 circumstances and also in the future. In the world of COVID-19, most companies have adapted to comprehensive solutions involving technology for good corporate governance. This paper highlights the importance of incorporation of technology (like holding board meetings online) for increasing efficiency of the company and providing maximised benefits to itself and its stakeholders. The e-courts project has made significant advancements in the implementation of information and communication technology in the Judiciary. All Courts in India, except 14 technically not feasible sites are equipped with high-speed WAN connections. During the pandemic, some Courts in India have also adopted ad-hoc technological solutions to carry out a majority of all their functions digitally. This paper encourages the need to further build on these foundational blocks of progress towards a digital judicial system. A digital judicial system would increase access to all courts and tribunals reduce the administrative burden of courts, lead to a better legal education system, decrease costs to litigants/courts and have a positive impact on the environment. Similarly, online dispute resolution uses technology to facilitate the resolution of disputes between parties. It consists of negotiation, mediation or arbitration, or a combination of all three. This paper analyses the possibility of this furthering the purpose of Alternate Dispute Resolution, turning resolution into a truer creature of contracts. Additionally, the utility of blockchain arbitration is assessed in juxtaposition to enforceability of awards under Indian law. Furthermore, there are other possibilities that the advancement in technology brings to the legal field. This paper evaluates the indirect impact of technology in relation to the environment and the education system.

Keywords: Corporate Governance, COVID-19, Digital Judiciary, Dispute Resolution, E-Courts, Impact, ODR, Technology, Virtual Courtrooms