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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

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