The ODR Revolution (Alternate Dispute Resolution)

Atluri Divija Choudary, Symbiosis Law School, Hyderabad

ABSTRACT

The millennial virus that affected the entire judicial system, left around 400 million lawsuits to be resolved in order to guarantee and preserve basic human rights. The National Judicial Grid data, which monitors the adjournment of cases in the Indian Courts, showed that 32 million people are waiting for the judgments of their respective cases, with an average waiting time of nearly 6 years. The impact of the pandemic, that is COVID-19 is diverse, ranging from low coefficient of legal awareness, to there being only 1 inspector for every 58,800 people, along with weak legal infrastructure, lengthy legal procedures, and so on. In an effort to combat the effects of COVID-19, the Supreme Court had to hold court proceedings via video conferences in order to prevent people from getting in touch, thus helping in maintaining social and physical distance. Come to think of it, the Indian Judicial System just had its own outbreak. It’s time for a revolution in the dispute resolution system in the country, #ResolveFromHome. Online Dispute Resolution or ODR, is a branch under the dispute resolution mechanisms, which utilises Information and Communication Technologies (ICTs) to have an equivalent standing with alternative dispute resolution (ADR) mechanisms, like mediation, arbitration, conciliation, or a combination of them. In this paper, I shall first walk you through the concept of Online Dispute Resolution system, the importance of such concept during difficult times like the pandemic, and the challenges it poses, and how to make it more effective in its execution.

“Online Dispute Resolution, or ODR, in its broadest definition refers to the coupling of technology with ADR, a fast-coming phenomenon of pre two landmark Supreme Court cases, Trimex International FZE

Shipping Ltd., AIR 2009 SC 12, wherein the hon’ble Court has upheld the validity and enforceability of an arbitration agreement in writing concluded through an exchange of emails and electronic documents that were signed by the parties.”1

ODR in India is just at an infancy stage and has started developing with changing days. Joint reading and interpretation of the Arbitration and Conciliation Act, 1996 and the Information Technology Act, 2000 as well as the Evidence Act, 1872 are not only for resolution of disputes but also help in overcoming challenges with the Court and remove barriers which may be geographical, administrative, and expensive in their regards. Online Dispute Resolution is a fast, cheap and effective mechanism to dispute resolution.