The Arbitrability Of Trust: Resolving Securities Disputes Through SEBI’s ODR Smart Mechanism
- IJLLR Journal
- Jan 29
- 1 min read
Utkarsh Kumar, NFSU Delhi
ABSTRACT
Unlike traditional litigation or fragmented stock exchange SEBI Complaints Redressal System (SCORES) platform, the Securities and Exchange Board of India (SEBI) has promulgated an ODR framework in a master circular dated 11th August 2023. It was a significant step towards aligning the Alternative Dispute Resolution framework to the intricacies of the securities market, which, being erratic in nature, requires expeditious the Arbitration and Conciliation Act, 1996. (“Act”). This article analyzes the statutory foundation for the enforceability of arbitral awards, including contemporary barriers under the Arbitration Law, the establishment of a truly independent ODR platform, and the integration of a multi-tiered dispute resolution model. Ultimately, this demonstrates that while SEBI’s ODR system is a unified leap forward, its long-term success depends on addressing critical issues and fostering a more accessible and equitable dispute resolution environment for all market participants.
