The scope of International Commercial Dispute Resolution (ICDR) Services in India is increasing day by day. ICDR can be availed of for disputes arising out of contracts on sales of goods, distributorship, agency and intermediary contracts, construction, engineering and infrastructure contracts, intellectual property contracts, domain name dispute resolutions, joint venture agreements, maritime contracts, employment contracts, etc. The list is just illustrative as the business transactions are too many to categorised here.
The traditional litigation methods of dispute resolution are not very helpful for such high staked commercial disputes. This has necessitated the requirement for Alternative Dispute Resolution (ADR) mechanisms like Arbitration, Mediation, Conciliation, etc.
India provides world class “ADR Services” for various fields including those for ICDR. ICDR in India can be conducted either as “Ad hoc arbitration” or as “Institutional Arbitration”.
India has tremendous capabilities for both these forms of dispute resolution. However, India is lacking on the front of a good law in this regard. The Arbitration and Conciliation Act, 1996 has proved more to be a burden than a relief. There is an emergent need of reformulating Indian laws in this regard.
Further, use of information and communication technology (ICT) for dispute resolution has still not got the attention of Indian government. This has resulted in a limited growth of Online Dispute Resolution (ODR) in India. ICDR can be greatly benefited by the use of ODR in India.
Till now only private professionals are having necessary infrastructure and expertise regarding ODR services in India. For instance, techno-legal firm Perry4Law is the only institution that is providing techno-legal ODR services in India through its online dispute resolution centre of India. We need more initiatives on the lines suggested by Perry4Law.
According to Praveen Dalal, managing partner of Perry4Law the law ministry of India is in the process of revamping its alternative dispute resolution laws and it would be a good idea to make it a comprehensive and technology driven legislation.
All interested individuals must send their respective suggestions and opinions to the law ministry in this regard.