Gupta, Akash and Bajpai, Arushi
(2023)
Online Dispute Resolution in India : a distant reality or dream.
In:
Contemporary Perspectives on International Arbitration Practice : Decoding Global Trends.
Thomson Reuters, pp. 1-17.
ISBN 978-9395696043
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Abstract
How disputes are resolved in India? The most frequent answer to this question is litigation. However, there are alternatives to litigation to resolve a dispute, namely mediation and arbitration. These two methods of dispute resolution are prevalent in commercial cases as it supports party autonomy and provides a private and confidential way of resolution. As there has been the growth of disputes in electronic transactions, the ODR movement has started to pick up. India is still in its nascent stage concerning ODR. Though, there have been certain ODR platforms which have shown positive results by resolving a substantial number of cases fully online. This indicates that India has great potential for the ODR market. All this is happening without a single law specifically recognizing ODR in India. The Government and Judiciary are making strong efforts to crystallize the ODR program in India. There are three positive outcomes of the ODR program's success in India, an increase in access to justice, a reduction in the backlog of cases, and an improvement in the 'Ease of Doing Business Index' ranking. This article aims to analyze the situation in India with respect to online dispute resolution in mediation and arbitration. Additionally, this article finds the challenges in the road of ODR development in India. Finally, the article proposes suggestions to overcome the barriers.
Item Type: | Book Section |
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Keywords: | Online dispute resolution | alternative dispute resolution | access to justice | mediation | arbitration | confidentiality |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Mr. Luckey Pathan |
Date Deposited: | 07 Sep 2025 10:53 |
Last Modified: | 07 Sep 2025 10:53 |
Official URL: | http://dx.doi.org/10.2139/ssrn.4855121 |
URI: | https://pure.jgu.edu.in/id/eprint/10069 |
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