Alternative dispute resolution (ADR) in India has been in use since many decades. The present law that governs ADR in India is the Arbitration and Conciliation Act, 1996. The Act provides for ADR remedies through arbitration and mediation. However, the Act suffers from many legal, procedural and structural defects and is in the process of being amended.There are many good arbitration institutions in India that provide world class arbitration services. However, they are not following the contemporary international practices and norms. For example, there are hardly one or two arbitration institutions that are providing online dispute resolution (ODR) services in India.
In fact there is just a single techno legal ODR centre in India that is providing techno legal ODR services in India and worldwide. Further, there is a single online platform that provides techno legal research, training and education regarding ODR in India.
The national litigation policy of India (NLPI) declared by Law Minister Veerappa Moily is proactive and promising. It has advocated active use of ADR mechanisms like arbitration in India. However, even NLPI failed to consider the contemporary issues like ODR and e-courts.
India has a single ODR institution and single e-courts research, training and consultancy centre. This explains why e-court project of India failed and why till the month of August 2010 we are still waiting for the establishment for first e-court in India.
The problem lies with lack of political and judicial will in India as well as lack of expertise to use information technology for legal and judicial reforms in India. It would be a good idea if concepts like ODR and e-courts are essentially made part of NLPI and the proposed amended arbitration law of India.
