E-COMMERCE ARBITRATION IN INDIA
What is e-commerce?
E-commerce or electronic commerce involves the exchange of services and commodities, transmission of data or resources, throughout an electronic network. Commonly, this term is used in relation to electronic transactions while shopping online. Business dealings more often are carried out in the subsequent four sections:
- Business to business
- Business to consumer
- Consumer to consumer
- Consumer to business
Arbitration in E-commerce
The worldwide marketplace at the moment attracts a lot of tread by millions of people globally. This marketplace is supported by e-commerce amenities that in go round may from time to time demonstrate perilous due to the breakdown of commercial contracts that escort to disputes. There arises a call for for an arbitration clause while conducting commerce online.
The Thomson v. Handa Lopez, Inc., case is an admired case that ascertains and provides the hazard of doing business exclusive of a dispute resolution clause. It is obligatory to look after the benefit of both the parties as well as helps grant a way out to the distressed party in a dispute.
The E-commerce segment also is a feasible market for class action suits. This sector permits enterprises attain customers directly rather than hang around for the expansion of a market base of clientele gradually. E-commerce sectors facade the want for online arbitration mechanisms as in front of judicial proceedings in a court of law may be a pricey affair. This is additionally true in provisions where the e-commerce business does not accommodate to a picky party but accommodates world-wide.
Arbitration in E-commerce in India
Arbitration in E-commerce in India is immobile a minute mounting fascia that will take instance to reach its most favorable stage of growth. India feels necessitate for technology based legal amendments in law as present arbitration procedures do not furnish well to the e-commerce division.
E-commerce Arbitration usually comes under the purview of global commercial arbitration in India. The disputants to the arbitration are normally parties from diverse global jurisdictions. A subject of conflict of law arises in such state of affairs. E-commerce resolutions can come only under the purview of Section 13 of the Civil Procedure Code but then yet again it is a contentious course of action.