Bridging Jurisdictional Gaps: The Need For An Online Dispute Resolution Mechanism In International Commercial Transactions
- IJLLR Journal
- May 22
- 1 min read
Ms. Ummul Waraah, Assistant Professor, School of Law, Woxsen University, Hyderabad
ABSTRACT
Cross-border transactions are inherently hazardous and advantageous; yet the protracted dispute resolution process might undermine the transaction's conditions. To resolve such issues, an expedient measure is necessary. International trade is broadening its scope across all sectors; nevertheless, the primary obstacle to this growth is security, which can only be assured when interests are guaranteed. Currently, the WTO Dispute Settlement Body fulfils this role, while the ADR process is acknowledged by UNCITRAL through its Arbitration and Conciliation Rules; however, these procedures are protracted and require the parties to be physically present, which may not be advantageous for all disputants. In developing nations such as India, where the economy is in a nascent phase, it must be safeguarded promptly to prevent trade deterioration where ODR holds attributes to address the current drawbacks with the help of policymaking and implementation process. In this chapter, Author have outlined the challenges and opportunities in current redressal mechanism.
Keywords: Cross-border transactions, Dispute resolution, ODR, UNCITRAL, WTO
