Is India Ready for Online Dispute Resolution?

Abstract

The Indian judicial system is marred by delays. Businesses suffer because disputes are not resolved in a reasonable time. Even with the use of methods of alternative dispute resolution a fair number of high value disputes end up in a court. Thus, courts hardly have any time for taking up disputes of lower value. Also, in a country of continental dimensions, every disputant cannot afford to travel and contest in a court of law. Online Dispute Resolution (ODR) has emerged as a new method which may be beneficial in a geographically large country and also where a large number of B2B or B2C disputes are significantly of low value. ODR is the best available method for resolving such business disputes. But there are a number of hurdles like access, technology, cultural and language issues, and above all trust with a new un-tested system. Of late, ODR has been successfully used by the National Internet Exchange of India (NIXI) and the judiciary has also shown perceptible shift towards use of new technology and methods in resolution of disputes. The paper examines the hurdles faced by ODR in India, discusses its future and makes a few suggestions for its success.