ABSTRACT:
Online Dispute Resolution (ODR) is transforming the Indian legal landscape by merging technology with established Alternative Dispute Resolution (ADR) methods, including arbitration, mediation, and negotiation. As India transitions into a digital economy, ODR offers a significant opportunity to improve efficiency, accessibility, and transparency in resolving disputes. The COVID-19 pandemic has expedited the adoption of ODR, prompting courts, businesses, and private entities to increasingly utilize digital tools for remote dispute resolution. Nevertheless, ODR encounters considerable legal, technological, and infrastructural obstacles that impede its broader implementation. The legal framework for ODR in India largely relies on existing legislation such as the Arbitration and Conciliation Act of 1996, the Information Technology Act of 2000, and the Consumer Protection Act of 2019. While these laws lay the groundwork for electronic contracts and dispute resolution, the absence of specific ODR legislation results in uncertainty regarding the enforcement and recognition of ODR outcomes. Additionally, challenges related to data privacy, cybersecurity, and digital literacy pose significant hurdles to effective implementation. The digital divide, particularly in rural regions, further restricts access to ODR, preventing various segments of society from reaping the benefits of technology-enhanced dispute resolution. Despite these hurdles, ODR presents several advantages, such as cost savings, alleviation of court case backlogs, and enhanced efficiency in dispute resolution. The emergence of AI-driven dispute resolution, blockchain-based smart contracts, and secure digital arbitration platforms holds promise for making ODR more dependable and scalable. Learning from international best practices in jurisdictions like the US, UK, and European Union can provide valuable guidance in developing a robust ODR framework for India. To position ODR as a primary dispute resolution method, India must pursue comprehensive legal reforms, foster public-private partnerships, and invest in necessary infrastructure.
KEYWORDS: Online Dispute Resolution, Alternative Dispute Resolution, Digital Arbitration, Cybersecurity, Legal Framework
INTRODUCTION:
Online Dispute Resolution (ODR) is a developing approach that combines technology with Alternative Dispute Resolution (ADR) techniques, such as arbitration, mediation, and negotiation, to promote effective dispute resolution. In India, ODR has seen significant growth due to the digital transformation of governance and business practices, especially in the aftermath of COVID-19. Nevertheless, its implementation encounters legal, technical, and infrastructural obstacles that need to be overcome for successful adoption. Globally, the legal landscape is experiencing major shifts. Many of these changes are related to the transition from traditional courts to alternative dispute resolution methods. India is also striving to keep pace with the global trend in advocating for these alternative dispute resolution mechanisms. With further technological advancements, a new concept called online dispute resolution has emerged. Given the current situation of lockdowns triggered by the COVID-19 outbreak, this presents an excellent opportunity for the Indian legal system to promote the use of ODR.