As we all know the technological revolution has been going on for some time, but the explosion of attention to Bitcoin has only recently brought it to the forefront of public consciousness. Technological advances have enabled it to enter the field of alternative dispute resolution. Online mediation, online arbitration and even the same block-chain technology as in cryptocracies are now used for arbitration: the arbitration block-chain. This alternative form of dispute resolution referred to as “online dispute resolution”, is increasingly improving. Some of the business issues affecting foreign investors operating in India are proper consideration of legal requirements by the Indian partner, management control and protection of intellectual property rights, and double taxation issues.
Foreign investors can take proactive measures against unjustified litigation by including arbitration clauses in their contracts. Therefore, a practical aspect to be considered may be the uniformity and consistency between the applicable law, rules, place and forum of arbitration, enforcement of foreign judgments and arbitral awards in India, as well as the logistics associated with the possible need to manage groups of lawyers representing multiple jurisdictions, including costs.
As other countries have started solving virtual disputes but in India technology is still not known and in this pandemic situation there is a need for this technology to resolve some disputes a common factor in the implementation of the E-course project and the continuous introduction of pandemic-induced technologies is the lack of a “systemic” approach.
Simply put, system thinking is a holistic approach to analyzing how system components are interconnected and function over time in the context of larger systems. With a view to introducing a systemic approach to the judicial system, the strategy paper provides an overview of the judicial system and the registration services that deal with the different stages of the case (civil system). For any agent in the system to accept a change, it must be able to extract a certain value or usability from it.
Virtual Courts in India: While electronic reporting and the possibility of hearing victims’ cases have been given high priority, this paper provides a sound scientific assessment of these possibilities. The different options throughout the life cycle of a case are presented according to four parameters: urgency, impact on stakeholders, the feasibility of the technology and feasibility of its implementation. As a result of this work, a system of priorities has been developed to enable the judiciary to gradually build the capacity necessary to implement the concept of a virtual court operating on a ‘start to finish’ basis. In addition, the example of the e-application illustrates the different challenges involved in the progressive implementation of each of these features.
The roadmap for virtual courts also requires the establishment of a statutory body to ensure that the best technologies and best minds are able to function in accordance with the exceptional needs of a complex system such as the judiciary, without compromising the independence of the judiciary. It should be stressed here that the strategy paper does not end with details of the technology that the judiciary can ultimately adopt. This document, as its name suggests, sets out the main elements that allow such strategic decisions to be taken with a view to ultimately realizing the vision of virtual ships in India. So these forms of methods can be used by India in this situation:-
FORMS OF VIRTUAL DISPUTE RESOLUTION
1) ONLINE MEDIATION
Online mediation usually starts when an email is sent to the sites informing them about basic information about online mediation. Meetings are then held in virtual “conversation rooms”, where the mediator can communicate with each side separately or simultaneously with both sides. There is usually a chat room for joint sessions, one for meetings or “lounges” and another for archiving and storing documents.
This can also be done by e-mail. Asynchronous online mediation has proven to be the most popular form of online mediation, as it allows parties to be flexible and resolve cases faster than offline mediation, where mediation can be postponed due to conflicting page schedules. It will also give the parties time to formulate their responses because an immediate response to mediation is not always the best response. Other advantages cost, time and comfort savings.
2) ONLINE ARBITRATION
Online arbitration can be defined as an arbitration procedure in which all aspects of the procedure are conducted online. In online arbitration, hearings can take place by video conference, but most online arbitrations only require the parties to submit evidence, answer the arbitrator’s questions and receive the arbitrator’s decision. Online arbitration has many similar advantages to online mediation, such as lower costs and greater flexibility due to its asynchronous nature. The disadvantages of online arbitration, which is not straightforward, are also less relevant because the arbitration is based less on the interaction of the parties and more on written statements of evidence. Online arbitration is widely used to resolve domain name disputes and can be mandatory or non-binding.
3) SMART CONTRACTS AND BLOCKCHAIN ARBITRATION
A new form of online dispute resolution, block arbitration, is currently being developed. Block arbitration was developed as a mechanism for settling disputes arising from intellectual property contracts. To understand blockchain arbitration, one needs to have some knowledge of blockchain technology and intellectual contracts. Blockchain is basically a timeless digital transaction book that can be programmed to record not only financial transactions but virtually anything of value that needs to be recorded.
Although this technology was originally developed for cryptographic coins, it can be used in many areas. The block-chain database is not stored in one place but distributed multiple times over a network of millions of computers simultaneously. The block counter that contains the information has been classified as uncorrupted because in order to change the information, the hacker would have to be able to process it to control the entire network of millions of computers. What resulted from the use of blockchain technology are “intelligent” contracts. Unlike regular contracts, “intelligent” contracts are not written in natural languages such as English or French, but are fully codified. Another feature is that, like the program, “smart” contracts automatically fulfill or enforce obligations.
In return, the Blockhain arbitration procedure was developed to meet the need to resolve disputes that may arise from intelligent contracts. It is unlikely that disputes will arise in the scenario of a simple “intelligent” contract described above. However, disputes may arise from more complex contracts, which may contain a certain element of misunderstanding in the transaction. There the conciliation of the blockchain begins.
CONCLUSION
In India, regulations and laws on e-commerce were limited, preventing the use of alternative dispute resolution mechanisms and technological solutions. Online Dispute Resolution (ODR) is still unknown in India. Similarly; the establishment of e-learning courses in India could also contribute to the rapid and effective resolution of e-commerce disputes in that country. However, we are still waiting until February 2012 for India’s first e-court. Electronic corsets and an ODR system are urgently needed to reduce the backlog of cases and the increasing pressure on traditional courts in India.
E-routes and ODRs can also help resolve disputes in e-commerce in India. Among the areas to which we should pay particular attention is the settlement of technological disputes in India, the settlement of disputes in the film, the media and entertainment industry in India, the settlement of disputes in cross-border electronic commerce in India, and so on. Electronic channels and ODRs can be used effectively for all of the above purposes. Complex and costly litigation will remain the prerogative of traditional alternative dispute resolution. However, as traditional arbitration increasingly integrates modern technology into its procedures, the distinction between online and traditional arbitration is becoming increasingly blurred.
It is undeniable that with improved technology and automation, online dispute resolution services are making it possible to resolve less complex disputes. It is therefore necessary for lawyers to continue to improve and keep abreast of the latest legal and technological developments so that they are not marginalized by the constant progress of technology.
The Supreme Court has held that even a treaty containing a clause on the unilateral appointment of an arbitrator has an interest in the dispute the court held that the parties should not have the right to appoint an arbitrator. The statute covers millions of contracts that have already been signed and requires organizations to have an independent it requires them to look for a nominated body.
This Article is Authored by Aakriti Maken, 2 Year, B.A LL.B Student at Maharaja Agrasen Institute of Management Studies.
Also Read – Dispute Resolution in International Law
