The world now bears witness to an unprecedented situation, with the pandemic and its conditions rendering aspects far from a sense of normal, even in the future. This has affected the very way of working across all sectors, including that of justice administration.
The existing situation is further compounded by a documented history of delays, and although the Supreme Court has allowed online hearings, it has become evident that the justice system is overburdened, bunged with tons of cases. This calls for an improvised, efficient solution to ease the pressure, one such being Online Dispute Resolution (ODR).
A means to settle disputes out of court, ODR centres on combining technology with mechanisms of alternative dispute resolution (ADR). ODR handles disputes that are settled over the internet (having been initiated there) but with a source outside (offline).
ODR offers a swift, transparent, and accessible option for company and person alike in order to resolve their disputes online. This particularly applies to those who have high volume cases with both low and high value.
The last five years have witnessed a significant acceleration and growth in India in the volume of online transactions. It therefore is only logical that ODR stands as an efficient mechanism to resolve disputes involved in the same, hence incentivizing the implementation of a fast and fair dispute resolution system.
Online Dispute Resolution emulates ADR in its utilization of negotiation, mediation or arbitration for resolving disputes. Under the same, various methodologies are used for communication and resolution. Synchronous ODR has parties communicating in real-time by means of various video-conferencing applications. By contrast, asynchronous form is not real-time and is executed via channels such as email.
Typically, online mediation starts with sending an email or phone call to the relevant parties with basic information about the proceedings. These are then proceeded with via virtual meetings. Each method of ODR is unique and efficient to itself, with the capability to be tailored as per the involved parties’ needs.
In recent times, there has been a paradigm shift in dispute resolution ODR platforms have facilitating kinds of dispute resolution for many national and international companies. These ODR platforms catalyse dispute resolution by merging ADR methodologies with the latest in technological trends. With 43.9 million civil court cases pending, it’s clear that ODR will rise to the occasion, with great relevance toward addressing the pain points of the system. It is still nascent in the Indian legal ecosystem.
But with the electronic form of dispute resolution enabling many new possibilities previously unavailable to the conventional court, it can and will be adopted at a large scale in the long run. JustAct, offered by Lex Carta Private Limited is a ODR platform dedicated toward this purpose, and set up by lawyers and professionals to disrupt the way disputes are resolved.
Pre liberalization, competition law in India was governed by the Monopolies and Restrictive Trade Practices Act, 1969 (“MRTP Act”).
Based on principles of ‘command and control’, the MRTP Act was enacted to prevent concentration of economic power in the hands of a few, control monopolies and to prohibit monopolistic, restrictive, and unfair trade practices.
It was only in the 1990s when India transitioned into a free market-based economy that the need for an effective competition law regime arose.The MRTP Act was repealed since it had outlived its effectiveness and purpose and the Competition Act, 2002 (“Act”) was enacted to replace it.
However, substantive provisions of the Act relating to competition law enforcement came into force only on 20th May 2009.
The Competition Commission of India (“CCI”) was established to enforce the provisions of the Act with the overarching objectives of preventing practices having an adverse effect on competition in India, promoting and sustaining competition in markets, protecting the interests of consumers, and ensuring freedom of trade.Tatva Legal, Hyderabad provides comprehensive dispute resolution related legal services and our team of experienced lawyers have advised on a multitude of litigations involving complex matters of law, amongst other services.Read More : https://tlegal.com/blog-details/who-can-be-david-to-bring-down-goliath
I’m Michigan Real estate and finance attorney David Soble.
Today we are answering a question from a homeowner in Clarkston concerning a mortgage dispute.
He’s seeking a “mortgage resolution” to his problem.
