Do the necessary changes

LAW & CYBERSPACE IN ONLINE DISPUTE RESOLUTION

Change to

The law relating to cyberspace with special reference to the online dispute
resolution

Synopsis submitted in the partial fulfilment of the

requirement for the award of Research Degree of the
Master of Laws

FOR THE DEGREE

OF
MASTERS IN LAW (LLM)

Miss. Aisha
Roll no: 1006-21-839-017

UNDER THE GUIDANCE OF

Prof. Dr. B. VIJAYALAKSHMI

1
 UNIVERSITY COLLEGE OF LAW
OSMANIA UNIVERSITY, HYDERABAD
(2021-2023)

INTRODUCTION

In 1969, the U.S. Department of Defense's Advanced Research Project (ARPA) created
the precursor to the Internet, the ARPANET, so that different research institutions and
computer centres could share computing resources. The early development of
commercial Internet service providers may be traced back to the deregulation of
networking technologies by the United States military.

This expansion was fueled by the development of faster, cheaper, and more user-
friendly devices and software that made the Internet accessible to more people in more
places. A worldwide digital economy and a novel means of international
communication were both made possible by this. The advent of global computer
networks has had far-reaching effects on all facets of modern society. Even futurists
were astonished by the shifts. When the Internet will stop being a luxury item for the
elite and become a need for the masses is currently unknown.

In 2003, online business moved at a snail's pace for a number of reasons. Consumers'
reluctance to conduct financial transactions online, worries about data security, the
expensive cost of technology, and people's inability to grasp its potential all played a
role in the sector's sluggish expansion. The market is projected to continue recovering
now that these problems have been fixed and customer confidence has increased.

This is because the internet has allowed users to share information and resources more
quickly than ever before. Users can quickly access and exchange new ideas, tools, and
technologies, allowing them to rapidly innovate and adapt to new trends. New
technology can be developed and adopted rapidly across the globe as a result. However,
despite the increased rate of PC purchases in other countries like India, China, and

2
 some other African countries, the expertise in the field of computers did not penetrate
as rapidly in those countries other than the USA , UK.

The Western and European countries have higher incomes and more established
technology industries, giving their citizens more access to PCs and the internet. In
contrast, Afro-Asian countries tend to have lower incomes and less access to
technology, resulting in lower levels of internet access. This is due to the fact that many
Afro-Asian countries lack the necessary infrastructure and resources to keep up with
the latest technological advancements. Additionally, many countries lack the financial
resources to invest in the development of infrastructure and technology, making it
difficult for them to take full advantage of the internet and its related economic
activities. As a result, those countries are unable to benefit from the opportunities the
internet provides, such as access to global markets or increased digital literacy.
Furthermore, those countries are unable to take advantage of the potential for economic
growth and development that comes with increased internet access. Despite sagging
economic growth, low computer literacy, and insufficient networking infrastructure,
other parts of the world remain underprivileged or unprivileged. This is because these
countries have limited access to the necessary technology and infrastructure to enable
them to benefit from the internet. 1 Additionally, even if the technology is available, the
people living in these countries may not have the necessary skills to effectively use the
internet or access the resources that it offers. This is because the internet has become a
major part of the global economy, and countries need to be able to participate in order
to maintain their own economic stability. Furthermore, the internet offers a wealth of
educational and professional opportunities that could be beneficial to those living in
developing countries.

Since we were kids in the 1990s, communication technology has seen enormous
technical advancements. Many technical advances in the early days of communications
may be traced back to telephones. The telephone has been replaced by the Internet, with
voice-controlled messaging and voice-activated online searching (through Google

1 Researchers at the American company Jupiter Communications found little evidence of a globally different
culture among internet users.

3
 Glass)2 replacing the fax machine, the pager, and the cell phone. Improvements in
technology have made several aspects of communication more accessible, portable,
quick, and cheap. The success of individuals and businesses depends on the ability to
communicate effectively and efficiently. The Internet, electronic mail, mobile
messaging, texting, and online social networks are all examples of contemporary forms
of communication. The advent of the internet has had profound effects on our culture
during the last decade. In addition, it is considered the technology with the quickest rate
of development. Internet technology has changed the way people across the world
think, work, do business, shop, plan trips, make career decisions, get an education, find
employment, organise social events, arrange vacations, communicate with one another,
and cooperate in real time using means such as virtual conferences and instant
messaging. Those who spend a great deal of time online take pleasure not only in their
actual lives but also in their online ones.

People may now stay at home, connect with their pals online, and share knowledge and
socialise without leaving the house. Therefore, interactions between people are shifting
from face-to-face to screen-to-screen. One of the most significant developments of the
Internet era is the advent of the global online marketplace. The Internet has made it
possible for people all over the world to shop for and buy things online. This has
removed a significant impediment to trading across national boundaries. The e-
commerce industry has expanded at a more rapid pace and shows every sign of
continuing to expand. This is due to the sector's competitive advantages, which include
speed, convenience, and low prices.

There are several advantages to e-commerce, both for consumers and for companies.
Consumers may rapidly connect with international vendors, browse around by
comparing costs, and make purchases in real time. Thanks to the Internet, companies
may easily expand their consumer base to other countries at little cost. It's simpler and
more convenient as a result of improved pathways to and reduced costs in foreign
markets. It is evident that global Internet communication has huge potential, with the
2 Alex Marin , Google,Glass Release Date and price: Google Glass is coming in 2014, MEDIA & TECH,
GADGETS, March 2013

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mobility of today's globe and immediate contact services between individuals living in
various areas of the world.

When dealing with instances of cybercrime or online actions that span more than one
country, judges may struggle to determine the applicable legislation. Cyberspace law
enforcement is further hampered by the fact that national laws vary widely. Just like in
the real world, people on the Internet may and will disagree with one another. Conflicts
arising from online interactions are profoundly influenced by the nature of the internet
itself.

Because of the unique characteristics of the Internet, disputes that arise in virtual spaces
have a character of their own. Therefore, conventional methods of conflict resolution
will have to adapt to new circumstances. Online disagreements have nuances that you
should be aware of if you've ever been unsatisfied with a service or product you bought
online. Is it conceivable that you sent it back to the retailer or lodged a complaint? You
gave up when his answer to your issue wasn't enough. You decided against hiring an
attorney and going to court because of the time and money it would take. An American
vendor on eBay may import a hard drive from Hong Kong and deliver it to a European
customer by way of the European Union. As he opens the package, he sees that the disc
is a fake and turns out to be nothing more than a simple rock. His first thoughts are on
the law's complexity, the low value of transactions, and the difficulty of enforcing it. To
fulfil this need, dispute resolution procedures must be quick, cheap, and trustworthy.

If an offline issue cannot be settled via mediation, it might be taken to court. When a
dispute occurs during an online purchase, it presents a difficult situation. It may seem
that internet consumers have no legal options in the event of a disagreement. Because
of the difficulties of online transactions and the relatively modest value of the claim, it
is conceivable for customers to forgo their right to justice. When this happens,
customers get very irritated and are less inclined to make future purchases over the
Internet. What legal options does an internet shopper have if the thing they ordered
doesn't turn out to be what they expected? Dispute resolution services must adapt to

5
accommodate new forms of conflict if they are to remain relevant. People in today's
increasingly digital culture assume that they would be able to utilise cutting-edge ICT
tools for dispute resolution in the same efficient manner with which they conduct cross-
border commercial and social contacts.

The number of people using the internet has skyrocketed in recent years. The Internet is
used for communication and commerce between known and unknown parties. As a
consequence, it's not surprising that online interactions will give birth to novel types of
disagreements. Disputes are more likely to arise as a consequence of the increased
complexity of transactions and relationships brought about by technological progress.
Because of the unique characteristics of Internet-related issues and the need of a direct
connection to the network, a dispute resolution system designed for the Internet may be
an efficient way of resolving them. The Internet is a network that makes real-world
information sharing more efficient. Online platforms facilitate interaction between
individuals and groups located in various regions of the globe. Although it differs
significantly from our own planet, its residents are made up of people from our own
troubled globe. This setting has a lot going for it, but it's not very stable. Online
interactions leading to a certain kind of conflict may therefore be used as a predictor of
how the environment for that conflict will develop in the future.

Cyberspace does not have a legal framework for addressing disputes or difficulties that
arise online, despite the fact that online conflicts may seem different from conflicts in
the real world. Making the Rules for Cyberspace is a hotly contested topic with two
potential conclusions: the state will take the lead in regulating cyberspace, or
cyberspace will be treated as a legal jurisdiction of its own. With the proliferation of
online conflict comes a greater need for the promotion of order and other trust-related
demands, the mitigation of online risk, and the preparation of legal institutions to
handle cases that originate in cyberspace. Screens and passwords make it impossible to
enforce regulations based on physical borders in Internet-mediated interactions. When
establishing law and order in the digital realm, it is preferable for the legal system to
make advantage of native qualities of the medium itself, such as distributed computing

6
 and data storage. Due to the tools, data connectivity, and data processing accessible
online, Online Dispute Resolution (ODR) systems may manage Disputes in the virtual
world. Such unique redress mechanisms may be used to inform the development of
rules and rule-making procedures for the cyber realm. This will lead to more robust
legal frameworks for the Internet.

The intricate online system is constructed by information processing engines, and both
the transmission and processing of data need human intervention. As a result, groups of
legal connections are created via online activities, and users anticipate that they will be
able to quickly and easily resolve any issues that arise. One notable legal expert has
argued that the efficacy and effects of cyber legislation at the state level should be
ignored. A new dynamic between humans and machines is required to define the
connection between the digital and the real world.3

As a result of the unique characteristics and operational dynamics of cyberspace,

previously unknown kinds of disputes arise, necessitating the development of
alternative dispute resolution methods. A citizen's expectation is that they will be able
to resolve disputes quickly and conveniently in this electronic age, where everything is
just a click away. Traditional dispute resolution mechanisms cannot handle the same, as
they would destroy the purpose of Internet transactions if they were to be used.

Enhancing efficiency through technology

The development of technology is intrinsically tied to the progress of a civilization.

From the wheel to the Internet, technological advancements have always led to greater
productivity. Information technology (IT) has revolutionised almost every aspect of
modern life, to the point that we can no longer imagine doing without it. The
availability and use of the Internet have affected every facet of human trade. This, of
course, encompasses everything from ordering takeout to restocking the fridge to
making a hotel reservation to paying bills to utilising an automated teller machine.
3 Ethan Katsh, Dispute Resolution Without Borders: Some Implications For The Emergence Of Law In Cyberspace,
FIRST MONDAY Volume 11, Number 2 - 6 February 2006

7
Technology is the engine that powers today's civilization. There was once an era when
modern conveniences did not exist. Young people nowadays just cannot fathom a world
without them.

Dispute Resolution and Information Technology Convergence

The development of technology also affects the social connections and behaviours of a
civilization. As the technology landscape changes, so too must the procedures and
systems for resolving disputes. Because of how far-reaching the effects of ICT
(information and communication technology) have been, it is having an effect on
dispute resolution institutions and working to alter traditional methods of dealing with
conflicts. The effective access to legal information provided by various legal resources
like Westlaw, Manupatra, Hein Online, LexisNexis, etc. shows that the use of
Information Technology (IT) in conflict resolution is not a passing fad but rather a
logical progression of the way Information Technology and its application through the
Internet have progressed. ODR, or Online Dispute settlement, is the modern iteration of
the concept of online dispute settlement. In the field of Internet applications, the laws
and IT are completely congruent. The advantages of the ODR method are its
convenience, quickness, low cost, and lack of formal processes. The ODR process
considers a wide range of issues. While it does encourage the development of novel
approaches to conflict resolution, the emphasis is on improving and connecting current
mechanisms. Online dispute resolution (ODR) is easiest to grasp when contrasted with
more conventional approaches to conflict settlement and when new technologies are
placed in the context of those more established practices. Traditionally, lawsuits heard
in actual courts have been the go-to method for resolving legal disputes. The courts
were unable to adequately resolve disagreements, therefore alternative dispute
resolution was necessary. While modern courts are ready to assign cases to ADR
procedures, the same holds true for those who choose Online Dispute Resolution. It
took a long time for ADR methods to be accepted in traditional conflict resolution, and
the same is true of the early opposition and hesitation to adopt ODR processes. ODR
has taken on more significance as the number of conflicts resolved online has grown.

8
 One of the key reasons for the ODR movement is the ineffectiveness of regular courts
in dealing with issues stemming from online activity. According to Ethan Katsh, "there
is even less reason to believe that courts will be the first resort" when it comes to
problems that arise online.4 In addition, for conflicts to be properly resolved, there must
be a procedure that is tailored to the context of online transactions and uses the same
medium. Users of the Internet need a system to swiftly settle conflicts as soon as they
arise. Because of their complexity and technical nature, traditional adjudication systems
need prompt resolution. It has been shown that anonymity plays a significant role in
settling disputes between parties in different countries, or even when the transaction is
not completed online. With such an adjudication procedure, all parties involved would
benefit since the price of legal transactions might be reduced to nothing. Since doing
business online is rapidly becoming the norm, it seems to reason that online avenues for
resolving disputes would be investigated as well. The internet will be more safe and
trustworthy as a result of this. Disputes will always exist in the digital age, but owing to
their unique characteristics, a new approach is required for resolution. To maintain its
competitive edge, the Justice Delivery System must adapt to the rapidly developing
technologies of the 21st century. Online dispute resolution (ODR) solutions are
developed with these unique traits, justifications, and users in mind. To handle legal
problems involving the Internet, we need a framework that takes into account the
unique characteristics of cyberspace law. The Law of Merchants was a method
employed in Mediaeval Europe to settle commercial conflicts. These were the generally
accepted guidelines based on past business practices. The notion of "law of merchants''
may be adapted into an ODR system to better fulfil the legal demands of online
communities. Because it was managed by merchants, the law of merchants was
informal and rapid. Websites that provide online dispute resolution may be used to
settle disagreements. Furthermore, the parties may choose the most suitable mediation
approach among the several provided by the service providers. By looking to the Law
of Merchants as a model, a standard set of guidelines for doing business online may be
created.
4 Ethan Katsh, Online Dispute Resolution: Some Lessons from the E-Commerce Revolution (2001) 28 N. Ky. L.
Rev. 810 at 813.

9
 The ODR system has been widely successful in nations all over the world, including the
United States, Canada, Australia, and the European Union, which have all embraced
ODR processes to address consumer complaints. John Dalli, the Commissioner of
Health and Consumers, has warned that the high number of outstanding consumer
complaints is unacceptable. This has a chilling effect on the expansion of the European
economy, as well as on consumers' wallets and self-esteem. All consumers in the
European Union, regardless of where they live or how they make their purchases,
would benefit from the measures I am introducing today. To prepare for a potential
global cross-border ODR for e-commerce disputes, UNCITRAL established a working
group in 2010. Numerous ODR providers including MODRIA, Youstice, Smartsettle,
and Cyber settle are now available. 5 There are other organisations that have employed
technology to help settle conflicts, such as the International Chamber of Commerce
(ICC), the American Arbitration Association (AAA), and the World Intellectual
Property Organisation (WIPO). Annotations on other countries are helpful for picturing
potential outcomes in emerging countries like India. On the other hand, we can't deny
the fact that globalisation has been made possible by the Internet. The global reach of
the Internet has changed the nature of our interactions and disagreements. Collin Rule,
a prominent expert in alternative dispute resolution, has argued that the Internet is
becoming its own civilization, complete with its own set of norms and laws. As a result,
the ODR will have a major impact on the growth of democratic institutions. Through
the use of cutting-edge ICT, ODR has brought the settlement of legal disputes into the
comfort of the user's own home. Since today's youth are very tech-savvy and interested
in using alternative dispute resolution methods, the groundwork is in place for ODR to
flourish. This generation learnt not only how to communicate verbally, but also how to
use various forms of electronic media. Generations to come will expect a system of
conflict resolution that works in tandem with the technology they use, rather than the
other way around.

LITERATURE REVIEW
5 Robert C. Bordone, Electronic Online Dispute Resolution: A systems Approach-Potential Problems and a
Proposal, 3 HARV. Negotiation L. REV.175 (1998)

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Katsh, E. (2009). Online Dispute Resolution: Designing new Legal Processes for
Cyberspace. WebSci : Society On-Line, 1367(1996).

There has been a lot of talk about how the Internet affects legislation in the past ten to
fifteen years. This discussion has centred on the development of new rules and the
revision of existing ones in the realm of legal theory. In addition to the more high-
profile areas of intellectual property and privacy, courts have also targeted contract
formation and consumer protection in an effort to uphold norms, set standards, and
influence behaviour. In addition to examining legal concepts, the suggested study also
analyses how the Internet has affected legal procedures. The evolution of cyber law will
be driven as much by the creation of novel practises as by the formulation of novel
theories. The effect of information technology necessitates a rethinking of not only
legal laws but also methods aimed at settling conflicts. For decades, it has been
acknowledged that conventional offline disagreements benefit from alternative dispute
resolution options other than litigation, including mediation and arbitration. It's possible
that in the future, using online dispute resolution systems may be even more crucial.
The sheer volume and complexity of these cases, as well as the difficulty in reaching a
swift judgement when the parties are in separate jurisdictions and want anything other
than a win/lose outcome, make it challenging for conventional courts to manage them.
Disputes may arise as a result of a variety of factors, including transactions,
connections created between new entities, low levels of trust, and interactions between
entities. It's inevitable that issues may arise from doing business and interacting online.
Conflicts are normal and may even herald a period of expansion, activity, and new
ideas. Too many disagreements, or disagreements that go unresolved for too long,
might lead to problems. Well-known legal scholar Karl Llewellyn once posed the
question, "What does this law business all about?" It's about how many arguments there
are in our culture. A dispute may be either an existing disagreement or one that has the
potential to escalate into conflict. Both of these arguments rely on the law. A lawyer's
job is to properly resolve clients' legal problems. But if you looked at the legal writings
on the Internet from the previous fifteen years, you wouldn't know it. Most academic

11
works examining the evolution of online legal regimes take the position that courts and
judicial decisions are still the most important factors. However, as Dean Paul Schiff
Berman has out, legal experts often believe that newly developed legal standards
automatically take the place of older ones. Online dispute resolution, which makes use
of distributed information technology, may increase and enhance the availability of
resources and knowledge in the field of conflict management. Communication is the
cornerstone of every method used to settle a problem. Differentiating between
arbitration, mediation, and even litigation, according to this perspective, is a matter of
how well information is communicated and managed. In arbitration, for example, a
neutral third party evaluates the evidence presented by both sides and issues a ruling
based on that evidence. In mediation, an impartial third party coordinates the exchange
of relevant information and works towards a mutually agreeable resolution to the
dispute. Over the last decade of the author's professional life, he participated in many
forms of online conflict resolution. In 1999, the author ran a trial operation for eBay
that helped settle over 30 million disputes online in only one year. Author’s
committee's members participated in ICANN's domain name dispute process, which
was established to suggest modifications to the universal dispute resolution policy. This
effort was ultimately unsuccessful. Together with the author's colleagues in computer
science, he has been a co-principal investigator on two National Science Foundation
projects in recent years to investigate the creation of online dispute settlement systems.
Author has been working closely with the National Mediation Board, a government
institution that mediates labour conflicts in the airline and railroad industries. The eBay
Foundation has supported extra efforts under the freshly formed U.S. army ombudsman
programme for returning troops. The ways in which geographically dispersed people
might effectively make use of information and knowledge shared across networks have
only just begun to be explored. Public law has its roots in the broad and well-
established public sectors of the places we inhabit. The public or governmental sphere
is present but less authoritative in the digital realm. Private agreements have assumed
the place of government regulation, and new mechanisms for resolving conflicts have
emerged within this setting. This shift, which will alter the organisation of a consistent
online judicial system, has gotten little academic attention.

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Rule, C. (2020, October 13). Online dispute resolution and the future of justice.
Annual Review of Law and Social Science

A substantial amount of discussion has occurred about the impact of the Internet on law
in the last ten to fifteen years. The legal community has been debating law and doctrine,
developing new rules and revising old ones. Additionally, courts have addressed less-
publicised topics like contract formation and consumer protection, which are equally
important in enforcing rules, creating standards, and changing behaviours. As the
proposed paper analyses how the Web has impacted legal processes instead of just legal
doctrines, it examines a broader range of issues. As new processes and doctrines are
developed, cyberspace law will also evolve. It is important to rethink not only legal
rules, but also processes aimed at resolving disputes that will be affected by the impact
of information technologies. In the absence of litigation, alternative dispute resolution
approaches such as mediation and arbitration have been recognized for several decades
as beneficial for traditional offline disputes. The use of online dispute resolution
processes may be even more necessary in the future. Disputes of this nature are difficult
for traditional courts to handle due to their complexity and quantity. They are also
unable to offer quick decisions when parties are in different countries, or when the goal
is different than a win-win outcome. Conflicts can result from transactions,
relationships built between new entities, low trust levels, and interactions between
entities. There will always be problems associated with online business as well as
online collaboration and interaction. A dispute isn't necessarily a bad thing; it may even
provide the opportunity for growth, activity, and innovation. Disputes can become a
problem when they begin to fester or when they are not resolved in a timely manner. A
highly respected scholar of law, Karl Llewellyn, famously asked "What is this law
business all about?" It is about dispute-ridden societies. Disagreements can be actual or
potential, foreseen or unforeseen, resolutions or preventions of disputes. Both of these
appeals are based on the law. Lawyers deal with disputes, doing so in a reasonable
manner. Looking at legal literature related to the Web over the past fifteen years, one
wouldn't have known this. The majority of research papers assume that courts and

13
judges' rulings will remain the most relevant elements when it comes to the
development of online legal regimes. Law scholars tend to assume that when legal
norms are established, they become legal norms by default. Dean Paul Schiff Berman
noted this tendency. Using networked information technologies, online dispute
resolution can expand and improve conflict management resources and expertise.
Communication is at the centre of all dispute resolution processes. This view
distinguishes arbitration, mediation, and even litigation based on communication and
information management. For instance, in arbitration, a third party makes a decision
based on information collected from the parties and evaluated by it. In mediation, a
third party facilitates information flow and facilitates a satisfactory outcome. Over the
past ten years, the author has been involved in several types of online dispute resolution
processes. Over thirty million disputes were resolved online in the past year through a
pilot project the author has conducted for eBay in 1999. Members of my committee
who were set up to recommend changes to the uniform dispute resolution policy were
involved in the domain name dispute process managed by ICANN. The attempt ended
in failure. Two National Science Foundation grants I have co-supervised with members
of our computer science department have been used to study the development of online
dispute resolution tools. Efforts have been coordinated with the National Mediation
Board, an agency responsible for resolving labor disputes at airlines and railroads.
Additionally, the eBay Foundation has funded work as part of the U.S. army's
ombudsman program for returning soldiers. Using resources and expertise delivered
over a network is only just beginning to be understood by individuals separated by
distance. A large and established public sector exists in physical spaces, which has
given rise to public law. Public or governmental spheres are not absent from the online
environment, but their authority has diminished. In its place, private agreements have
taken on a larger role, and it is within this context that processes for resolving disputes
have emerged, which are mainly non-governmental. A coherent online justice system
will be affected by this change, which has received little scholarly attention.

Osna, G. (2019). Access to justice, culture and online dispute resolution. Derecho
PUCP, (83), 9–27.

14
There is no denying the rise in popularity of ADR methods over the last several
decades. This feature and the right to equal justice under the law have been tested
together repeatedly. In this research, we focus on this aspect, especially on the potential
role that ODR (online dispute resolution) strategies will inevitably play in the future of
our society. Civil process relies heavily on cultural norms and expectations.

Negi, C. (2015). Concept Online Dispute Resolution in India. SSRN Electronic

Journal

The integration of economies and society throughout the world has been greatly
boosted by globalisation. Trade restrictions have been lifted, and nations now see each
other as potential trading partners. Commercial conflicts are increasingly being settled
by arbitration. Due to the dynamic nature of the world, arbitration is gradually giving
way to other conflict resolution processes. An integral part of India's Information
Society Legal Framework and Legal Enabling of ICT Systems is the use of online
platforms for resolving legal disputes. Online dispute resolution is being used by an
increasing number of municipalities. With the passing of the Information Technology
Act, 2000, e-commerce and e-governance in India have been granted official status.
Traditional Indian arbitration law has been rewritten in light of India's adoption of the
UNCITRAL Model. The Code of Civil Procedure, 1908 has been updated to include
provisions for alternative dispute resolution (ADR) as part of India's attempts to offer
such services. The potential of online dispute settlement in India is explored in this
research. The necessity for such a system has emerged in India as a result of the
growing popularity of alternative conflict resolution procedures there. The already-
overworked judicial system will benefit from this change.

Palanisamy, A., & Moorthy, K. (2019). Consumer Dispute Resolution in

Cyberspace - Trends and Developments. International Conference on Advances in
Business, Management and Law (ICABML), 2(1), 120–127.

15
The development of the information and communication technology environment has
greatly aided the expansion of online business. Cyber contractual conflicts present
difficulties for conventional consumer protection regimes in the areas of redress and
remedies. The adoption of alternative dispute resolution (ADR) techniques may help
mitigate some of the problems inherent in traditional litigation. Dispute resolution
clauses in online contracts might be either full or partial. Various conflict resolution
systems exist to safeguard the interests and rights of disputants. Since conventional
adjudication may be costly, time-consuming, and may pose jurisdictional concerns, it is
crucial to establish efficient systems for resolving online business disputes as
cyberspace continues to grow in importance. Despite the established norms and
procedures, it seems that there are still certain aspects of online conflict resolution that
need clarification. It reviews the scientific literature on Dispute Resolution mechanisms
on a national and international scale and discusses the use of alternative dispute
resolution systems (including online dispute resolution) to settle commercial disputes in
India. The research also looks at international redress procedures and how they may be
used to settle international conflicts.

Negi, C. (2016). Concept & Overview of Online Arbitration. SSRN Electronic

Journal.

Online arbitration is a novel method of resolving legal disputes. This technique is more
effective, efficient, and cost-effective than the alternatives. It has been challenging to
apply the established rules of international commercial arbitration law to online
arbitration, which is a relatively new method of resolving legal disputes. Costs
associated with going to court are on the rise, thus alternatives to litigation are being
pushed more and more in business conflicts. Due to the reliability of arbitration norms
and the legal standing of arbitration rulings, international arbitration has grown in
popularity. The Law Commission of India recommended a 'fast track' approach for
'Commercial Division' proceedings in the projected Commercial Division of the High
Courts. The 176th Report on Amendments to the Indian Arbitration and Conciliation
Act, 1996 recommended a 'fast-track' mechanism for arbitration in India. To prescribe a

16
'fast-track' method in Commercial cases with a value of more than 1 crore, we shall take
this example as a template. Online arbitration is the best option for settling
disagreements that arise in cyberspace. There are a number of legal questions that must
be answered in an Online Arbitration agreement, such as whose law will govern, what
the conditions of the agreement are, and where the arbitration will take place. The idea
behind cyberspace arbitration and online dispute resolution is that modern technology
may make the process more efficient and less expensive.

RESEARCH PROBLEM

Online (synchronous and asynchronous) ICT-based communication and information

transmission provides new low-cost, high-speed options for sharing information.
Clusters of legal relationships have emerged online as a result of technological
advancements, but the legal framework governing B2B and B2C e-commerce,
information exchange, and other forms of online contact is unclear. The rising
complexity of online transactions and connections has given rise to new forms of
conflict. Existing conflict resolution procedures confront additional obstacles due to
elements including cross-border transactions taking place all over the globe,
delocalization of parties, intangible information, the physical separation of
stakeholders, and the anonymity of parties. The Internet also makes choice of law and
jurisdictional concerns more complicated. Due to the lengthy delays and high expenses
associated with going to court, business organisations who like to settle their conflicts
swiftly and keep their economic partnerships often choose not to. Consumers are less
likely to file a lawsuit in a conventional court when their claim is for a nominal amount.
One of the biggest problems that might develop in a war with an enemy hundreds of
miles away is communication. We need effective and calibrated systems for resolving
the many different legal concerns of cyberspace. How about ODR as a solution? The
paradox of our growing society is that, as online transactions become increasingly
commonplace, there are no effective and efficient legal remedies in the case of a
disagreement.

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 OBJECTIVES OF THE STUDY

1. To examine the conventional method of resolving legal disputes and to contrast it

with the judicial system. Alternative method.

2. To determine the extent to which the ODR system may be used.

3. To Examine the ODR process across world

4. To ascertain whether an online conflict resolution process is suitable for the

current legal framework in India.

5. To investigate the potential for online dispute settlement in India.

HYPOTHESIS

1. Is there a new conflict landscape emerging as a result of the internet?

2. Is there a discernible difference between online and real conflicts, and if so, how?

3. How do offline dispute resolution procedures apply to the settlement of online

disagreements?

4. Does the IT industry provide any room for dispute resolution?

5. How is ODR gaining traction as a preferred means of resolving conflicts

throughout the world?

You are supposed to find the lacunas not the questions?

RESEARCH METHODOLOGY

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The current research relies heavily on doctrinal analysis. The information has been
gathered from secondary sources, including books and articles about the topic written
by experts in the field, as well as research projects, reports, and other publications
covering this topic that can be found in libraries, as well as documents and reports
produced by international organisations.

CHAPTERISATION

CHAPTER I : INTRODUCTION

In this chapter, we define the research issue in the area of online conflict settlement. It
provides a short summary of the relevant literature as well as details on the study's
aims, scope, hypotheses, research technique, and proposed chapter structure.

CHAPTER II : conventional method of solving a dispute and alternative menthod-

a overview
DISPUTE RESOLUTION IN THE ONLINE AGE : A HISTORICAL
OVERVIEW

This chapter provides a historical context for conventional courts, alternative methods
right from panchayats, followed by the existing ones alternative conflict resolution
methods like arbitration, conciliation, mediation, and negotiation, as well as an
overview of the development of online dispute resolution through time. The
development of internet technology, the expansion of enterprises, and the advent of
electronic commerce are also covered. The concept of an electronic court for settling
legal disputes online is considered.

CHAPTER III : THE INDIAN PERSPECTIVE ON ONLINE DISPUTE

RESOLUTION

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This chapter explores how technological developments in conflict resolution might help
developing nations like India. Cultural differences and the digital divide are two
potential roadblocks for online dispute resolution. However, India's judicial system is
already stretched thin and the country's e-commerce sector is expanding rapidly. So it
makes sense for India to take advantage of new and effective methods of resolving
legal disputes outside of court.
In this chapter, we'll look at the legal and practical aspects of resolving disputes via the
internet. The goal of this chapter is to provide readers a general understanding of the
law as it pertains to ODR, including how it may be applied to ODR and how
judgements rendered via ODR can be enforced. It also discusses the different kinds of
ODR providers, the different kinds of ODR procedures and actions, and the different
kinds of fees and costs associated with ODR. Additionally, the norms for online
conflict resolution services are investigated.

CHAPTER IV : ONLINE DISPUTE RESOLUTION IN OTHER COUNTRIES:

INTERNATIONAL INITIATIVES & PRACTICES

This chapter takes a deep dive into the topic of online dispute resolution on a global
scale. It provides insight into how groups like the EU and the UN Commission on
International Trade Law function. The chapter delves into how ODR functions in both
established and emerging nations, including the United States, Canada, European
countries, Australia, African nations, China, Japan, Sri Lanka, Malaysia, and India.

CHAPTER V : AN OVERVIEW OF ONLINE DISPUTE RESOLUTION ISSUES

CHAPTER VI : IMPACT OF CYBERSPACE ON THE LEGAL PROCESS &

THE DELIVERY OF JUSTICE

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In this chapter, we see how the Internet has contributed to the rise of a digital
community. Conflict and argument are unavoidable in a digital culture. But because of
the unique characteristics of the internet, online conflicts are different from their offline
counterparts. The peculiarities of the Internet create problems, such as jurisdictional
concerns, that call for novel approaches to resolution. The chapter covers topics such as
online activities and the need for new mechanisms that are flexible and efficient for
various conflicts. This chapter also focuses on the use of computers to facilitate
conversation and resolve conflicts. The administration of justice has been
revolutionised by technological advancements. It offers a novel method to conflict
resolution in which technology is used to settle disputes via the Internet. As a
consequence of the expansion of the Internet, new negotiation support networks built
with sophisticated algorithms are already providing a substitute for traditional methods
of resolving disputes between companies. These new frameworks save time and money
by putting decision makers in charge of a process that finds middle ground, provides
evidence of party satisfaction, and generates optimum outcomes.

CHAPTER VII : CONCLUSION & SUGGESTIONS

This chapter's last section provides a summary of the whole thesis, makes
recommendations, and tests hypotheses using the analytical lenses developed during the
study. The researcher worked hard to provide evidence for the usefulness of ODR in
India and to advocate for integrating new forms of technology into the country's
established framework for resolving legal disputes.

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