Data Protection & Online Dispute Resolution

Data Protection & Online Dispute Resolution

Introduction There has been a perceptible uptick in the adoption and acceptance of Online Dispute Resolution (ODR) in India during the last two years. A necessary corollary to this development, as with any digital platform, are concerns around data security & privacy. The 2015 cyber attack on the Permanent Court…
Supreme Court’s Landmark Judgment on Constitutionality of Arbitration Agreement

Supreme Court’s Landmark Judgment on Constitutionality of Arbitration Agreement

Introduction In a landmark judgment of Lombardi Engineering Ltd v. State of Uttarakhand, the Supreme Court held that an arbitration agreement clause, inconsistent with the Constitution of India, cannot be enforced. The Bench comprising of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra deliberated on an application submitted…
UNCTAD Report on ODR and Consumer Disputes

UNCTAD Report on ODR and Consumer Disputes

Introduction The UNCTAD recently came up with a report titled ‘Technology and the Future of Online Dispute Resolution Platforms for Consumer Protection Agencies (UNCTAD/TCS/DITC/INF/2023/5).’ The report not only explores the impact of technology on the future of ODR platforms, particularly in relation to consumer protection agencies, but also highlights how the…
Is India ‘ODR Mechanism’ ready?

Is India ‘ODR Mechanism’ ready?

Online Dispute Resolution (ODR) is a promising avenue! It represents the future. However, one may doubt about its effectiveness and acceptability in Indian laws. Do you share this concern? Fear not, we can put your doubts to rest. Firstly, ODR goes beyond mere technological integration, such as setting up hearings…
Dispute Resolution in Open Network Commerce: ONDC & CADRE ODR

Dispute Resolution in Open Network Commerce: ONDC & CADRE ODR

In the ever-evolving landscape of digital commerce, the Open Network for Digital Commerce (ONDC) stands out as a beacon of innovation. In this dynamic environment, the efficient resolution of disputes is paramount to ensure the seamless functioning of the ecosystem. Enter CADRE, a pioneering Online Dispute Resolution (ODR) institution, ushering…
CADRE and the Resolution of Commercial Disputes

CADRE and the Resolution of Commercial Disputes

When businesses or individuals engaged in commercial activities encounter conflicts or disagreements, these are known as commercial disputes. Such disputes can stem from various facets of business transactions, contractual agreements, or commercial relationships. Here are several typical instances of commercial disputes: Breach of Contract: This involves disputes that arise when…
Navigating the Moral Compass: Exploring the Ethical Responsibilities of Arbitrators and Conciliators

Navigating the Moral Compass: Exploring the Ethical Responsibilities of Arbitrators and Conciliators

Introduction In the realm of dispute resolution, arbitrators and conciliators serve as vital pillars of a just and equitable process. Beyond their technical expertise, these neutral third parties shoulder significant ethical obligations that underpin the integrity and fairness of the proceedings. This article delves into the ethical responsibilities inherent to…