Efficacy Of International Organisations In Online Dispute Resolution Mechanism

Apurva Singh, Student & Ms. Aradhana Yadav, Assistant Professor, Amity University, Lucknow, Uttar Pradesh

ABSTRACT

As the world is moving rapidly towards digitalization changes are happening within a blink of an eye. Things has become accessible to the extent of one click of our mobile phones or laptops etc. Cross boarder boundaries are not a hurdle anymore with a speedy evolution of tech on earth. So why courts and arbitrary institutes should remain any distant from the technology.

When COVID-19, had affected the working system globally, the national and international courts opted for a pragramatic solution of ‘ONLINE DISPUTE RESOUTION MECHANISM” (ODR) although it was prevalent earlier among the international organisations, it gained popularity when the globe was battleling with pandemic. So what exactly is ODR mechanism and how international organisations are making use of it to approach amicable dispute resolutions.

International organisations like UNCITRAL have already stepped their feet into this form of dispute resolution for a while now. There are many parts on the globe which are beyond the reach of these organizations, therefore to remove this lacuna, UNCITRAL has shown a progressive step in this direction.

This dissertation will elaborate on the matter of ODR mechanism by the international organisations , what are the shortcomings faced by the organisations during ODR and how far have they been able to successfully implement it in providing quick redressal in cross border disputes. The research paper will have five long chapters explaining about the facets of these organisations and a conclusion and suggestions regarding what changes can be made by international organisations to make their approach more pragmatic.

The ODR by different international bodies who have have achieved these standards so far but in this present era where do they lack in their approach the bodies have to perform on their own to function these rights the organisations function independently as their own right that should be done because of that it should not be done by these organisations.

The rule of law and institutions that are supported by it, all international organizations place a high priority on the legal and efficient resolution of disputes. As a result, the Laws of effective convention and reconciliation that enable multilateral institutions to exist and function is directly related to their effectiveness. This crucial aspect came to the forefront during the discussions that took place at the Asian Infrastructure Investment Bank (AIIB) Legal Conference in 2018. The officer of senior level variety of the international organizations, their presidents, The V.P, and The general secretaries of renowned arbitration organisations, eminent academic lawyers, and associates of top international law firms were among the distinguished international lawyers whose diverse experiences and expertise were used in the conference.