Saturday, 10 March 2012

E-Judiciary And ODR In India

Electronic courts and online disputes resolution (ODR) in India are two areas that require immediate attention of union ministry of law and justices, India. E-courts have been ignored for more than nine years and till March 2012 we are still waiting for the first e-courts of India. The ground reality is that e-courts and ODR in India are still ignored by the legal and judicial system of India.

So for a majority of purposes electronic delivery of justice in India has failed. There are many reasons why e-delivery of justice in India has failed but the main reason is lack of techno legal expertise to manage e-courts in India. For instance, we have a single techno legal e-courts training and consultancy centre of India managed by Perry4Law Techno Legal Base (PTLB). There is no second firm or company in India that deals in techno legal e-courts related issues except the one managed by PTLB.

Even there is little connection between international commercial arbitration in India and ODR. For instance, online commercial arbitration in India is still a dream. While western countries are resolving e-commerce disputes through technological mediation, e-commerce disputes resolution in India is still dependent upon traditional litigation methods.

Similarly, corporate disputes and online disputes resolution in India are also unrelated. Corporates in India prefer to use alternative dispute resolution (ADR) mechanisms to resolve their disputes. But these corporates are shying away from using ODR for their disputes resolution. Perhaps lack of expertise and lack of trust are the reasons for limited growth of e-courts and ODR in India.

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