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| Arbitrators | Mediators/Conciliators | Arbitral Institutions | Law Schools |
| Individual Arbitrators
conducting Arbitrations on their own can now move onto ODR
without any time or cost delays. Those in international arbitrations can offer ODR to avoid the cost hurdles involved in travelling. Arbitrators involved in
small value arbitrations such as domain name arbitrations can
now entirely shift to the virtual ODR platform instead of the
extended E Mail based ODRs. |
Mediators/Conciliators involved
in counseling and consumer disputes often find the cost of
organizing the meeting disproportionately high to the amount
involved in the dispute. Also with growing E Commerce, disputants are often physically separated to be able to meet but are tech savvy enough to take up ODR. Grievance Redressal Mechanism under Section 79 of Indian Information Technology Act 2000 which is mandatory makes it mandatory for all intermediaries such as E Commerce websites often use Mediation as a process of settlement. A virtual ODR through ODR Global is ideally suited for such requirements. Civil Procedure Code in India also recommends that all civil disputes have to be first tested under ADR before the Court steps in. ODR can help in expediting this process provided the parties are comfortable with technology. |
Institutions conducting
Arbitrations and Mediations often establish their own
Arbitration Rooms in one place. In such cases they are restricted to conduct arbitrations in their established city only as otherwise the participants have to incur additional expenses in travel. By adopting ODR Global as one of the permitted Arbitration seats in their rules, the institutions can provide their services to outstation users at a reasonable cost. This will enable different Arbitral houses to develop expertise in different subject areas and expand their operational jurisdictions. Arbitrators can use the ODR enabled arbitration rooms in the institution itself or operate from their offices. Mediators, Consumer Grievance Redressal Groups, Employee dispute resolution Managers and other institutions in grievance management may also use this service with benefits to all. |
Most Law Schools in India have
established Moot Court facilities and train their students in
actual Court operations. Presently they need to train their students on ADR process also and some of the leading schools have started setting up their own Mediation and Arbitration centers. These are ADR enabled with rooms and secretarial support in which the meetings can be conducted . These schools can convert their existing facilities into ODR overnight by entering into an arrangement with ODR Global. The arrangement would conserve their budgets and provide more resources for their educational efforts. |
Contracting Parties
Dispute Resolution mechanism is part of all well drafted contracts both when the consideration of performance is an online activity or an offline activity. Arbitration is the most preferred method of settling the disputes. According to Section 89 of Indian Civil Procedure Code all Civil disputes in India have to mandatorily be referred to an ADR before the Courts start hearing the case .
When the contracts are first drafted, it is recommended that the contracting parties include an "Arbitration Clause" in their contract. In such a clause, they should consider adding "Online Arbitration through ODRGLOBAL.IN shall be the seat of arbitration". odrglobal.in can be made either as a mandatory seat of arbitration or an addition to a physical seat of arbitration so that the decision can be taken after the arbitrator has been chosen with the concurrence of the arbitrator.
Even when such an arbitration clause does not exist in the contract, parties may agree to use the services of ODR Global after the dispute has arisen or when the Court has suggested ADR.
In Court directed ADR, Court may welcome the ODR Global process since it incorporates capturing of the video recording of the proceedings which may be submitted to the Court as evidence of a fair proceeding having taken place. This will also reduce the litigation time even when the proceedings of ADR are challenged.
The Contracting parties are the consumers to the "Dispute Resolution Industry" and they must have the right to determine the use of ODR as a process which is Convenient, Cost Effective and is also Cyber Law Compliant. Since the ODR process is neutral to the interests of the contracting parties, if suggested, Courts are likely to welcome it. Consumers therefore should start demanding their legal counsels to enable ODR through ODR Global as a part of the standard clause of arbitration in all their contracts.
A typical clause for enabling ODR through ODR Global could be as follows:
"Any or All of the dispute or difference arising out of or in connection with this contract shall be resolved by arbitration using the services of online arbitration services provided under www.ordglobal.in .The arbitration shall be subject to the provisions of the Indian Arbitration and Conciliation Act 1996 and consist of one/three* arbitrators.." (* use as appropriate) The seat of arbitration is deemed to be India* (*use as appropriate)"International Users
Services of ODR Global is available for International Users also. The service is also compatible to the Model ODR regulation beign drafted by UNCITRAL for international arbitrations. The legal admissibility of the evidence under Indian Evidence Act may not be directly relevant to the users. However, the process used by ODR Global will be useful in establishing the evidence of the proceedings by producing the recorded and certified evidence produced by ODR Global.
It may be appreciated that if officials of ODR Global are summoned for any Court proceedings to substantiate the evidence, the necessary costs are met by the parties. Any other assistance will be provided for which there may be appropriate service charges.
Payment will be received in Indian Rupee as per prevailing exchange rates at the time of payment. Indicative rate is US Dollars 1= Indian Rupees 68/-
