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COVID-19 & ONLINE DISPUTE RESOLUTION

As we all are aware from the outbreak of Corona at International and national level. The first case of coronavirus was deducted on 31st of December 2019 at Wuhan city located in China and had affected a huge number of inhabitants in Wuhan, soon it was spread in various parts of the world. WHO declared it to be a public health emergency of International concern. The Rapid and unprecedented spread of covid-19 has resulted in many nations closing. Due to pandemic, there is national wide lockdown which brings many changes in the lifestyle of everyone like "work from home" and "study from home" have become a new norms for people around the world. 

As we all are living in the era of Technology where many things shifted online. The progress of Technology has allowed it to creep into the domain of alternative dispute resolution. ODR is the settlement of dispute through online mode of communication/interaction between the disputed parties. It is usually commenced when an email is sent to the parties informing them of the basic information of the online dispute resolution methods meetings are conducted virtually  in "chat room" where the experts can be communicated separately with each party or simultaneously with both sides. It can be defined as an arbitration in which all aspects of the processing are conducted online, hearing can be done through the use of video conferencing simply require parties to upload their evidential document and respond to question from the arbitrator, then they will receive a decision from the arbitrator.

Need of ODR:(1) To to facilitate E-Commerce (vendor and consumer).(2)digital transaction. (3) low value transaction. (4) cross border transactions. (5) ODR has control procedure flexibility.

It provides a platform to resolve dispute with the help of expert at the comfort of home. Here technology allows for virtual communication without requiring the parties to be in a room together.

Once Justice Ventachaliah said that: Judiciary should adopt new tools and technology that will speed up process and mitigate delays. It also help to protect the principle of "justice delay is justice denied".

 

  • Introduction
  • Need of ODR
  • Conclusion

BY : Amrisha Jain

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