About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 Supremo Amicus [1] (2020)

handle is hein.journals/supami21 and id is 1 raw text is: SUPREMO AMICUS VOLUME 21 ISSN 2456-9704 ARBITRATION FOR DISPUTE ARISING FROM E-COMMERCE TRANSACTION By Yashraj Dokania From Symbiosis Law School, Hyderabad ABSTRACT Make in India and Aatmanirbhar Bharat mission has been launched by our Prime Minister to make India digital in every sector. In recent time the business sector has transformed their businesses into e- commerce. Every day almost thousand of transactions take place through e-commerce where countless customers get into an agreement of buying and selling of goods and services. When it comes to an agreement, the dispute also arises, but it is very difficult in e- commerce transaction for a customer to resolve the dispute at one physical place. Thus, the need of Alternative Dispute Resolution has emerged where the parties can settle their disputes through online mode. Alternative Dispute Resolution (ADR) is a mechanism where parties can settle their dispute outside the court. ADR is a process of the efficient trail with the fair resolution of the dispute without involving unnecessary delay in dispute resolution with the binding effect of an arbitral award on the partiesi. ADR has come up with a win-win situation for the parties in dispute as it is less time consuming, low cost of expenditure and more convenient. Thus, the need for Online Dispute Resolution (ODR) is increasing day by day with immense of globalization of e- commerce with the success of ADR. There is a very thin line between ADR and ODR as 1 Centrotrade Minerals & Metal Inc Vs. Hindustan Copper Ltd., (2006) 11 SCC 245. ADR is a physical process whereas ODR is an online process which uses Information Technology for resolution of the dispute. Here in this paper, author has pointed out the need for Online Dispute Resolution in India for resolving disputes arising out of an e- commerce transaction. The paper will also focus on the challenges and the outcome of ODR, whether it suitable for the dispute resolution in India or not. It also focused on the binding nature of the arbitral award in case of Online Dispute Resolution and the jurisdiction of arbitration that is the place or seat of arbitration. The author has also tried to look in o the matter the use of Artificial Intelligence in dispute resolution. Also a comparative study is being made in order to analysis the various outcomes of different countries who are implementing the online dispute resolution which allow consumers to resolve their dispute. Keywords: Dispute Resolution, ADR, ODR, Artificial Intelligence, Information Technology, Arbitration, and E-commerce. INTRODUCTION Alternative Dispute Resolution is a process of resolving the dispute outside the courtroom proceedings. It has widely accepted in our country in the last few years as a means of resolving disputes. The Hon'ble Supreme Court in case of Guru Nanak Foundation v Rattan Singh & Sons2 has also recognised ADR as an alternative option for settlement of dispute without any involvement of the courts. The Court further stated that court proceedings are time taking, lengthy, complex because of lots of 2 (1981) 4SCC 634 www.supremoamicus.org PIF 6.242

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most