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- Title
Online Dispute Resolution - An Emerging Alternative Dispute Resolution Tool.
- Authors
Ahmad, Masood; Ali, S. M. Aamir
- Abstract
Globalization has become one of the greatest stimulators in integrating economies and societies of different nations across the globe and in breaking economic barriers and envisioning the world as a market of trade. In the modern days of dispute resolution of commercial conflicts, there is a drift from litigation to arbitration. Online Dispute Resolution (ODR) refers to various Alternative Dispute Resolution (ADR) processes like arbitration, mediation and negotiation conducted with the assistance of online Information and Communication Technologies (ICTs). In India, ODR is in its infancy and is gradually developing. With the advent of Information and Technology Act, 2000, e-commerce and e-governance received formal recognition in India. Moreover, the traditional arbitration law has been reformulated, and now we have Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonized standards of United Nations Commission on International Trade Law (UNCITRAL) Model. Also, the Code of Civil Procedure, 1908 has been amended and Section 89 has been introduced, which provides ADR in India. This paper analyzes the development of ODR methods in resolving small value disputes arising out of e-commerce transactions and their importance, and the need for designing a regulatory model to realize its full potential.
- Subjects
ONLINE dispute resolution; DISPUTE resolution; ARBITRATION &; award; MEDIATION; INFORMATION &; communication technologies; UNITED Nations Commission on International Trade Law
- Publication
IUP Law Review, 2019, Vol 9, Issue 3, p36
- ISSN
2231-3095
- Publication type
Article