ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES
AUTHOR – PRABHAT TOMAR, STUDENT AT IILM UNIVERSITY, GREATER NOIDA
BEST CITATION – PRABHAT TOMAR, ODR FOR CROSS BORDER DISPUTES: OPPORTUNITY&CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 715-727, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Online Dispute Resolution (ODR) offers a promising avenue for addressing the complexities of cross-border disputes, presenting both opportunities and challenges in equal measure. This abstract provides a comprehensive overview of the landscape of ODR for cross-border disputes, delving into key aspects such as its benefits, technological requirements, legal considerations, cultural nuances, security concerns, enforceability challenges, capacity-building needs, case studies, and future trends. ODR stands at the intersection of technology and dispute resolution, offering unique advantages in terms of accessibility, efficiency, and cost-effectiveness. By leveraging online platforms and communication tools, parties can engage in dispute resolution processes from anywhere in the world, reducing time and resource burdens associated with traditional litigation. However, the success of ODR for cross-border disputes hinges on robust technological infrastructure, including secure online platforms and data storage systems that ensure compatibility and accessibility for users from diverse backgrounds and regions. Furthermore, the legal framework governing ODR is complex and multifaceted, involving international conventions, treaties, and regulations. Challenges related to jurisdiction, applicable law, and enforcement necessitate careful consideration to ensure fairness and accountability in ODR outcomes. Cultural and linguistic differences pose additional challenges for ODR processes, requiring sensitivity and adaptability to accommodate diverse perspectives and communication styles. Strategies for overcoming language barriers and promoting cultural understanding are essential to foster trust and cooperation among parties. Data security, privacy, and confidentiality are paramount in ODR for cross-border disputes, necessitating robust measures to protect sensitive information and comply with relevant data protection regulations. Ensuring the integrity and confidentiality of ODR proceedings is crucial to maintain trust and credibility in the process. Moreover, the enforceability of ODR awards across different jurisdictions and legal systems is a key consideration for parties involved in cross-border disputes. Mechanisms for enforcing ODR outcomes, including the recognition and enforcement of arbitral awards under international treaties, play a critical role in ensuring compliance and accountability. Capacity-building and training initiatives are essential to promote awareness and adoption of ODR for cross-border disputes among legal practitioners, mediators, arbitrators, and other stakeholders. Education and professional development programs can help build confidence and competence in using ODR tools and techniques effectively. By examining real-world experiences through case studies and examples, stakeholders can identify successful strategies and potential pitfalls to inform future ODR implementations. Looking ahead, emerging trends in ODR for cross-border disputes, such as the integration of AI, blockchain technology, and virtual reality, present exciting opportunities for innovation and improvement. However, addressing challenges related to regulatory barriers, technological limitations, and ethical considerations is essential to realize the full potential of ODR in the global context.
KEY WORDS: DISPUTES,ODR,TRANSACTION,ONLINE MEDIUM,Technological.