ONLINE DISPUTE RESOLUTION IS THE MODERN SOLUTION DURING COVID19 CRISIS

 BY SUSHMA GOWDA

INTRODUCTION

ONLINE DISPUTE RESOLUTION

Online Dispute Resolution (ODR) has been defined to mean utilizing (IT) information technology to carry out Alternative dispute resolution. Online dispute resolution is a means of dispute settlement whether through conciliator, arbitrator or Mediator, By using the online technologies helps in resolving dispute between parties.

Indian judicial system is already burdened in conflict of law. Increase in Dispute may overburden Indian judicial system in such situation Online Dispute Resolution plays very vital role.

It is one of the significant methods resolving business to business (B2B) and Business to Consumer(B2C) disputes in current era.

HISTORY

United Nations Commission on International Trade Law(UNCITRAL) has adopted the UNCITRAL Model Law on International Commerce Arbitration in 1985 and the UNCITRAL Conciliation Rules in 1980.

This was adopted by the India in the Arbitration and Conciliation Act 1996 that was amended in the year 2015. This all measures have been taken by the Ministry of Law and Justice to introduce Online Dispute Resolution through mediation, Arbitration and Conciliation.

WHY ONLINE DISPUTE RESOLUTION IS BENEFICIAL DURING COVID19

WHAT IS COVID19?

On 12 January 2020, the world health organization(WHO) confirmed that a novel Coronavirus is the cause of a respiratory illness in a cluster of people in Wuhan city.

In India on January 30 first case of COVID19 in Kerala came on the light after that on February 3^rd all students returned from Wuhan China. No other case were witnessed on February but on March 4, 22 new cases came to light. Most of the cases related to travel history who came from other countries.    

REPORT AS PER 21^ST APRIL 2020 IN INDIA

Online dispute resolution is helpful during isolation, Quarantine or social distancing period. Many countries had adopted various Online Dispute Resolution Platform to solve their low transaction cases online to get instant or fast result.

Online Dispute resolution include: Internet Dispute resolution, Electronic Dispute Resolution, Electronic ADR (e-ADR) or Online ADR (o-ADR).

ARBITRATOR can be current or former trail judges. It is less formal then litigation. The issue of territorial is not a matter of Consideration where the arbitration clause specifies the same unless it refers to the methods of Alternative dispute resolution in online dispute resolution.

Online Dispute Resolution is a more accessible, efficient, and low-cost means for consumers to obtain remedies online, regardless of their socio-economic status. Further, Consumers and sellers are busy, and with Online Dispute Resolution they both can file a claim at any time online.

Online dispute Resolution is mainly used by PAYPAL and Ebay.

STEPS IN PAYPAL THERE ARE 2 STEPS

1) Dispute

1. a) PAYPAL puts a hold on transaction of funds when buyer begins with dispute resolution process.
2. b) PAYPAL then asks response from seller
3. c) then buyer and seller have 20 days to come up with resolution.

2) Claim

1. a) After 20 days without a resolution, either party can escalate the dispute to a claim
2. b) PayPal then investigates the case and determines an outcome
3. c) Limited appeals process.

Online dispute resolution is much less expensive than going to court, and decisions are usually made in fewer than 40 days.