Redressal of Disputes Using Online Dispute Resolution—The Way Forward
摘要
In the last few decades, technological advancements and innovation in the digital age have greatly contributed to the concept of online dispute resolution (ODR) being a viable option, which has seen rapid growth in both developed and developing countries. The ODR mechanism is highly prevalent in several countries in the world, to the benefit of society and the litigant public in the twenty-first century. ODR can be well described as the use of technology (Information and Communications Technology) in the Alternative Dispute Resolution (ADR) process. ADR mechanisms were enhanced by taking advantage of the digital advancements, providing access to speedier justice. In a majority of countries around the world, especially as evidenced in India, the court systems face numerous challenges in justice administration due to an extraordinary number and nature of claims, seeking appropriate redressal. In the electronic commerce environment, especially business to consumer international transactions happening in the online medium, which can be classified as cross-border transactions have exacerbated challenges concerning jurisdiction, unconscionable dispute resolution clauses, etc. This article presents a view on the developments of electronic virtual courts across the world due to COVID-19 with special consideration of its effects in India, the possibilities of developments of ODR in line with the recent setup of e-courts (virtual courts) and an urgent need of an advanced automated dispute resolution process to deal with e-commerce disputes through the use of the internet and by way of technological advancements.