Online Dispute Resolution In Corporate Disputes: A Critical Analysis Of Efficiency And Regulatory Challenges
Ms. Pertilla Virginia Vincent, Faculty, Govt Law College, Coimbatore
Dr. Vijayalakshmi, Associate Professor, Head I/c, Department of Crime and Forensics Law, School of Excellence, Tamil Nadu Dr Ambedkar Law University, Chennai
ABSTRACT
The Indian Judicial System continues to face a substantial backlog of cases across various domains, prompting the need for more efficient dispute resolution mechanisms. In an increasingly digital economy, Alternative Dispute Resolution (ADR) has naturally evolved into technology-driven forms such as Online Dispute Resolution (ODR). This transition was further accelerated during the covid pandemic, which necessitated the adoption of digital tools to ensure continued access to justice. ODR, while rooted in ADR, extends beyond dispute resolution to include prevention and management of conflicts, thereby enhancing overall legal system efficiency. By reducing barriers of cost, distance and language, it enables remote, accessible and cost-effective resolution processes while upholding principles of natural justice. Its flexibility allowing both real-time and asynchronous communication makes it particularly suitable for contemporary corporate disputes. Although ODR has gained traction in India with legal support from the Information Technology Act, 2000 and the Arbitration and Conciliation Act, 1996, its development remains at a nascent stage. This paper analyses the impediments such as data protection, privacy concerns, and regulatory gaps which continues to hinder its full potential. This study further explores the opportunities and challenges associated with ODR and evaluates its effective integration in the corporate sector, emphasizing sustainable development grounded in integrity and accountability.
Keywords: ODR, Arbitration, Mediation, Data, Corporate Sector
