Online Arbitration In India

Online arbitration in India is at its infancy stage. Online arbitration is also known as cyber arbitration in India. Online arbitration in India is not very popular because there are very few online arbitration and mediation centre in India.

Online arbitration is an essential part of the online dispute resolution (ODR) mechanism. Online dispute resolution in India is still at its initial stages. It is facing many legal and technical roadblocks in India.

Indian arbitration law is incorporated in the arbitration and conciliation act, 1996. With the passage of time, it has become necessary to amend the same. Although much talk about amending the arbitration law of India has already taken place yet no constructive actions have taken so far.

Even the cyber law of India is defective. The information technology act, 2000 is the sole cyber law of India that requires urgent repeal. Further, the national litigation policy of India (NLPI) must also be reformulated as it is not catering the requirements of e-courts and ODR in India.

On the front of research and development as well India need to work hard. We have a single techno legal e-courts training, consultancy and educational centre in India. It is managing many crucial aspects of technology and law like e-courts, ODR, digital evidencing, judges and lawyers training for e-courts and ODR, cyber law trainings, etc. This centre is managed by Perry4Law Techno Legal Base (PTLB), a techno legal segment of Perry4Law.

We need more such techno legal institution that can help in the growth and development of e-courts and ODR in India. Law Minister Veerappa Moily must urgently consider these issues so that online arbitration in India may see the light of the day.

Online Training Of Judges In India

Judges in India, especially those manning the lower courts, are working really hard. At times they do not have time to even brush up their legal acumen and knowledge. Further, news laws are enacted every year by Indian Parliament and unless the judges attend some refresher course on regular basis, these legislations are not known to them.

However, nothing is more missing than the techno legal training and education of judges at all levels. Judges must be aware of not only legal aspects but also of the technical aspects as well. Laws like cyber law are a good example of techno legal field.

In India, there are very few institutions and centers that are providing techno legal trainings and educations to judges. This is because of the specialised nature of the field. Further, there is no framework for continuing legal education in India (CLE in India) or lifelong learning in India for judges or lawyers.

We have a single techno legal research, training and education centre in India. The same is managed by Perry4Law Techno Legal Base (PTLB). It is providing techno legal training and education to judges, lawyers, police officers, public prosecutors, etc in the fields like cyber law, online dispute resolution (ODR), e-courts, cyber forensics, digital evidencing, etc.

To provide flexibility and extensive cyber law training in India, PTLB has also launched an online platform. The online platform of PTLB allows a lawyer, judge, law enforcement officer corporate executive, etc to sharpen their techno legal skills even at the comfort of their home, offices, chambers or corporate room.

Application form for the enrollment to various courses, internships and trainings can be downloaded from here.

In order to get enrolled, you must duly fill the form and submit the same along with the prescribed fees. For more details regarding the fees, duration of courses, natures of courses, etc see the FAQs.

For lawyers and judges, PTLB has launched a separate platform known as Online Lawyers and Judges Training and Educational Centre of India. In short, it is known as Bar & Bench Training Blog that provides meaningful insight to not only lawyers and judges of India but also world wide.

Judges in India need to enroll to such courses as they must upgrade their concepts on regular basis. Further, the legal education policy of India must also incorporate the model suggested by PTLB. Law Minister Veerappa Moily has been taking many good steps for legal and judicial reforms in India and CLE of judges should be a part of the same.

Techno Legal Skill Development In India

Indian has tremendous workforce but the same required a good practical training as well as skill development exercises. Various studies and research in India have suggested that out of the educated masses only 15 to 25% are fit for being absorbed at job places. This ratio equally applies to legal professionals in India perhaps with a much lower percentage.

The present legal educational system of India is in dire need of reforms. In the name of legal education reform the Bar Council of India (BCI) and Law Minister Veerappa Moily have imposed bar examination upon law graduates that has neither a scientific rationale nor a fair and reasonable handling on the part of both.

Legal education in India has to be at par with international norms and standards. Presently legal education of India is lagging far behind than the required benchmark. This is because India is concentrating too much upon academic studies and almost nothing upon practical training and skill development of lawyers and judges.

India needs urgent educational and legal reforms that must be undertaken as soon as possible. One such area that requires urgent attention is the amalgamation of legal education with information and communication technology (ICT). Presently, there are very few organisations that are using ICT for legal education in India.

Both BCI and Moily have failed to appreciate that legal education has now become techno legal where a legal professional must be aware of both technical as well as legal fields. However, there is a dearth of techno legal institutions that provide legal lifelong learning. One such institution that provides techno legal lifelong learning (TLLL) is managed by Perry4Law Techno Legal Base (PTLB).

At the same time there is also a dire need to have institutions that can provide good continuing legal education in India (CLE in India). PTLB covers both traditional legal fields as well as contemporary techno legal fields.

In short, India is running short of institutions that can impart good techno-legal skill development education, training and coaching. The BCI and Law Minister Moily must address these issues as soon as possible.

ODR In India Got Techno Legal Rejuvenation

Online Dispute Resolution in India (ODR in India) is in its infancy stage. Even if we compare the same with other parts of the world, India is not lagging much far behind. However, there is a dearth of initiatives in this regard in India.

Further, the laws of India are also not conducive for the establishment and growth of ODR in India. Fortunately, we have a guiding path in the form of techno legal ADR and ODR platform that can be utilised to establish ODR in India.

With the establishment of PTLB training, education and policy making platform a great impetus has been provided to ODR in general and techno –legal issues in particular. The cycle seems to be complete with the establishment of a techno legal ODR platform in this regard.

Law Minister Veerappa Moily must incorporate the relevant provisions in the proposed amendments in the arbitration law of India to accommodate ODR as well. These techno legal platforms can provide valuable guidance and support for an ODR regulatory framework in India and world wide.

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.

Where Are E-Courts Of India?

I have been reading a lot about the use of information and communication technology (ICT) for quick dispensation of justice. Though ICT can be used in numerous ways to increase efficiency of courts all over world, yet I am confining myself to a single, perhaps the most crucial, aspect of the same. The same pertains to establishment of electronic courts in India (e-courts in India).

Although the concept was initially discussed in India in the year 2003 yet till now we are not clear what exactly an e-court is. Whether for ignorance or deliberate design both the government of India and judiciary in India are portraying a totally wrong picture about establishment of e-courts in India. For instance, initially the Gujarat State claimed that they established the first e-court of India and subsequently New Delhi declared that it has established the first ever e-court of India.

The bigger question is who is telling the truth and who is ignorant? I think the real answer lies in the misunderstanding among the stakeholders. The real problem is that India is deliberately not willing to understand the difference between a computerised court and an e-court. While India has done a good job at the front of establishment of computerised courts yet when it comes to e-courts it failed absolutely to establish even a single one.

India must understand that e-courts are much more that mere connectivity and computerisation of traditional courts. The moment e-filing, presentation, contest and adjudication of the cases in an online environment would start; India would surely be capable of establishing e-courts.

It would be a good idea to engage world renowned experts of the field for establishment of e-courts in India. Till now India has been extending the term of e-court committee year after year with virtually no results.

If this is the vision of Law Minister Mr. Veerappa Moily for legal and judicial reforms in India, I am sorry to say that not only it is faulty but also devoid of any merits. It would not bring any results except wastage of public money.