Online Dispute Resolution emerging in Kerala, India

Online Dispute Resolution involving mediation and arbitration with the help of technology, was emerging as a branch of dispute resolution, Chief Justice of Kerala, H L Dattu said on Saturday. In India, this method is in its infancy stage and is gaining prominence day by day, he said after inaugurating the National Conference on court annexed mediation and role of institutional arbitration here.

With the enactment of Information Technology Act, 2000, e-commerce and e-governance have been given a formal and legal recognition. Even the traditional arbitration law of India has been reformulated and ‘Arbitration and Conciliation Act, 1996’ was enacted, he said.

In mediation, the practitioner has no advisory role, instead, a mediator renders help to parties to develop a shared understanding of the conflict and to work towards building a practical and lasting solution, he said.

He also emphasised the need for creating awareness on mediation among the general public. Continue reading Online Dispute Resolution emerging in Kerala, India

4th Annual International Competitions for Online Dispute Resolution – ICODR 2005

Registration for the 4th Annual International Competitions for Online Dispute Resolution (ICODR 2005) is open again. The competitions will be held early next year.
The goal is to enhance worldwide law student understanding of online dispute resolution. Competitions are being held again in negotiation, mediation, and arbitration and a prototype litigation competition is being started this year. ICODR is open to law students anywhere in the world and is free. Continue reading 4th Annual International Competitions for Online Dispute Resolution – ICODR 2005

Building Contract Disputes

I write and annually update Building Contract Disputes: Practice and Precedents (Sweet & Maxwell, London), which includes chapters on ADR, adjudication and arbitration, and a directory of dispute resolution service providers. Continue reading Building Contract Disputes

SEMINAR: Online Arbitration: What Technology can do for Arbitral Institutions

The Online Arbitration: What Technology can do for Arbitral Institutions seminar is free-of-charge and is being presented on two alternative dates: Thursday January 16 or Friday January 17 2002. Brunel University, United Kingdom.

The expectation is that online technology will speed up and reduce the cost of international arbitration proceedings. It is expected to remove the need for sending large quantities of paper through courier services and replace face-to-face meetings by cheaper and easier online video conferencing. This seminar will ask the question “How realistic are these expectations?”

For the last two years the E-Arbitration-T team of lawyers and technologists have been looking at these issues. A key feature of international arbitration is that it delivers a result – the award – that national courts will recognise and enforce. We cannot simply substitute Internet and computer technology without considering the criteria courts will apply in deciding that the award was made properly and fairly within the intent of relevant international law. This seminar will look at the technological options and the rules and procedures necessary to exploit them. It will also examine the need for change in the international legal framework to reap the full technological benefits. Continue reading SEMINAR: Online Arbitration: What Technology can do for Arbitral Institutions