Cyber Arbitration And Mediation Centre Of India

Cyber arbitration in India or cyber mediation in India is the recognition of the changing trend of dispute resolution. Traditionally dispute resolution was an exclusive task of the court alone.

However, the business community desired for an alternative for court litigation. This resulted in the use of alternative dispute resolution (ADR) mechanisms like arbitration, mediation, conciliation, lok adalats, etc.

Information and communication technology (ICT) changed the very manner in which these ADR mechanisms are used. Now business community is stressing more upon online dispute resolution (ODR) than ADR mechanism.

ODR is the most convenient, efficient and speedier method of dispute resolution. The parties are not even required to leave their places and they can resolve their disputes even while sitting at their homes or offices.

With the benefits of ODR there are certain challenges attached to it as well. For instance there are very few ODR service providers in India. Even lesser are the ODR experts who can resolve the disputes through ODR. Further, when it comes to scientific disciplines, there is an inherent limitation for ODR providers to understand those issues. Fortunately, we have a cyber arbitration and mediation centre (CAMC) in India that is providing world class ADR and ODR services.

Sooner or later Indian arbitrators and mediators must learn to adopt and use ODR as the future belong to the ODR community. If you are a lawyer or judge you may consider the techno-legal training platform by Perry4Law Techno Legal base (PTLB) for getting good ADR and ODR training.

If you are an arbitrator or mediator or other professional, you may consider another platform of PTLB that provides cyber law, ODR and other similar trainings. All these platforms of PTLB provide online training, coaching and education and you can get these training as per your convenience.

ADR Must Be Used As An Alternative To Litigation

Law Minister Veerappa Moily has recently announced the National Litigation Policy of India. It has many great reforms and if implemented in a timely and appropriate manner would go a long way in reducing the backlog of cases in India.

However, the policy is deficient in one crucial aspect. It failed to utilise the benefits of information and communication technology (ICT) for reducing the backlog of cases in India. Two most prominent use of ICT for reducing the arrears of cases in India are the use of e-courts in India and adoption of online dispute resolution (ODR) in India.

Till India is not ready for the use of ICT for legal and judicial purposes, we must concentrate upon using alternative dispute resolution (ADR) methods like arbitration, mediation, etc.

Adoption of use of ICT for legal and judicial purposes would not only reduce the arrears of cases but would also bring ADR business to India. India can become a hub for ADR and ODR services provided we must change the legal system and law in this regard.

There is an emergent need of amending the Arbitration and Conciliation Act, 1996 as soon as possible so that international commercial disputes can be resolved through international commercial arbitration in India.

The amendment procedure is already in the process and it would be a good idea if provisions regarding e-courts and ODR are also incorporated in the same.