Online Dispute Resolution: An emerging tool of dispute resolution in contemporary era

Abstract

Globalization has become one of the great 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 drift from litigation to arbitration. Online Dispute Resolution (ODR) refers to various Alternative Dispute Resolution processes like arbitration, mediation and negotiation conducted with the assistance of online Information and Communication Technologies (ICTs). In India, ODR is under the infancy stage and is developing day by day. With the advent of Information and Technology Act, 2000 e-commerce and e-governance received its formal recognition in India. Moreover, the standard arbitration law has been reformulated and currently weve got Arbitration and Conciliation Act, 1996 in situ thats satisfying the harmonious standards of UNICITRAL Model. Also, Code of Civil Procedure, 1908 has been amended and Section 89 has been introduced which provides for alternative dispute resolution in India. Through the instant academic venture, a meagre effort has been made by the authors to analyse the development of online dispute resolution (ODR) methods in resolving small value disputes arising out of e-commerce transaction and its importance and the need for designing a regulatory model to realise its full potential in the EU.

 Keywords: Alternative Dispute Resolution, Arbitration, Information Technology, Negotiation, Online Dispute Resolution.