ONLINE DISPUTES RESOLUTION IN INDIA: AN OVERVIEW
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Abstract
The concept of online disputes resolution in India is at a nascent stage. The incidence of Covid- 19 in India, in particular and the unprecedented advancement of technology in the field of computers and Internet have proved to be the major catalytic factors in the introduction of online disputes resolution mechanisms in solving disputes of various kinds. Besides that, ever- increasing pendency in the courts and the concurrent wastage of time and money in resorting to judicial process have also initiated this new process of disputes resolution. In India, NITI Aayog had constituted a high-level committee in June 2020 under the chairmanship of Justice A.K. Sikri, retired Judge, Supreme Court of India. Its report was released on 29.11.2021. The report has suggested various measures to face the challenges in implementing online disputes resolution in India. Online ADR system operates with the help of several online techniques including video-conferencing, zoom and other apps, online audio systems etc. Mainly the process of arbitration, conciliation and mediation are being conducted online. Recently, virtual Lok Adalats also took place. So far, the results have been satisfactory. But at the same time, there are many challenges too. Low Digital literacy is a major problem. The issues of privacy and data protection are of utmost importance. Moreover, people's trust in the system is another grey area. The appropriate legal regime is another challenge. This paper explores various dimensions of online disputes resolution in India and attempts to find solutions also.
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