A Comparative Examination Of Online Dispute Resolution Through Arbitration: Assessing The Legal And Institutional Framework In India And The United States

Sebukta Nasrin Hussain, CHRIST (Deemed to be University) Delhi NCR

ABSTRACT

Advancements in technology have brought about significant changes, increased efficiency and making human life easier. One area where technology's benefits can be leveraged is in the effective delivery of justice and dispute resolution mechanisms. Online arbitration dispute resolution (ODR) is a notable development in this regard, widely adopted and practiced by justice delivery systems worldwide. However, a crucial question arises: Are existing justice delivery systems equipped to keep pace with societal and technological changes? This research examines the adequacy of existing laws in facilitating ODR mechanisms for dispute resolution, focusing on India and Indonesia, where the legal framework for arbitration and mediation lacks specific provisions addressing ODR. The study utilizes a mixed- method approach, combining primary and secondary data to trace and compare the ODR systems in both countries.

The findings suggest that ODR mechanisms are valid and enforceable within the current legal frameworks of India and United States. Therefore, there should be no doubts about using ODR to settle disputes. However, there is ample scope for improvement within existing laws to enhance the overall process and effectiveness of ODR mechanisms through amendments and the formulation of separate guidelines. Both public and private investors are keen on adjudicating conflicts or alleged violations of trade agreements through dispute settlement mechanisms within their respective legal frameworks. Developing specific laws that address the needs and requirements of ODR will not only enhance trade but also instill confidence in both countries' legal systems.

Keywords: Online Dispute Resolution, Cost Effective Dispute Resolution, India, USA, Justice accessibility, Arbitration and Conciliation Act 1996.