Saturday, March 13, 2010

Perry4Law Launched Online Dispute Resolution Centre In India

Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 (IT Act 2000) in India, e-commerce and e-governance have been given a formal and legal recognition. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India.

However, India is clinging to its traditional core and is shying away from trying new experiments. India is not using information and communication technology (ICT) for dispute resolution whether it pertains to traditional litigation in courts in the form of e-courts or contemporary out of court dispute resolution in the form of online dispute resolution. Fortunately, the first ever Techno-Legal Online Dispute Resolution Centre of India has been launched by Perry4Law that would cater the dispute resolution, training, educational and many more such crucial requirements in India.

There is a lack of training among police, lawyers, judges, etc regarding use of information and communication technology (ICT) for legal, judicial and ADR /ODR purposes. Judges in India need cyber law training, e-courts training, ADR/ODR training, etc that allow them to effectively understand and use ICT for judicial and ADR/ODR purposes.

ODR has many benefits but it has failed to arouse interest of Indians. The present centre has been established at the right moment when backlog of cases has overburdened Indian courts too much. It is high time that the courts in India must also encourage out of court settlements whether through ADR or ODR. The best situation would be when the parties to the disputes actively use ADR/ODR for resolving their disputes.


E-Judiciary Training And Consultancy Centre Launched By Perry4Law

India is facing mammoth backlog of cases. Now it is absolutely clear that with the present judicial strength and framework, we need a miracle to resolve this problem. One solution that can change this scenario is the use of information and communication technology (ICT) for judicial dispensation in India. In short, e-courts in India can help to resolve this problem.

India is at the initial stages of establishment of electronic courts (e-courts). Though India has done a good job by computerising the courts at various levels yet it is still far from the establishment of even the first e-court of India. It seems the e-courts project of India needs a techno-legal training boost.

Perry4Law and PTLB have launched the first ever e-courts training and consultancy centre of India and perhaps first of its kind in the World. A “prototype” of the same is available to the public and stakeholders till the final website is out.

Efforts in the direction of establishment of e-courts in India have been in process since 2003 and significant development in the sphere of computerisation has already been achieved. It is at this stage that there seems to be stagnation of e-court project of India and this initiative by Perry4Law would facilitate in the smooth and hassle free migration of e-court project to the next level.

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.