Category Archives: E-Courts In India

E-Commerce Dispute Resolution In India

Electronic commerce brings both comforts and discomforts to its users. The comforts include on the spot sales and purchase, competitive costs, convenience, saving of time, etc. The discomforts include frauds and cyber crimes committed against e-commerce users. At times there are disagreements and dissatisfactions as well among buyers and purchasers that cannot be resolved using traditional litigation methods.

This is the reason why we need alternative dispute resolution (ADR) mechanism to resolve e-commerce disputes in India. E-commerce regulations and laws in India are limited in nature and this does not allow use of ADR mechanisms and technology driven solutions. For instance, while European Union and other nations are increasingly using online dispute resolution (ODR) for resolving many aspects of e-commerce disputes yet online dispute resolution (ODR) in India is still not known.

Similarly, establishment of e-courts in India can also facilitate early and effective e-commerce disputes resolutions in India. However, till February 2012 we are still waiting for the establishment of first e-court in India. E-courts and ODR in India are urgently required to reduce backlog of cases and for reducing increasing pressure upon traditional courts. E-courts and ODR can also help in e-commerce disputes resolutions in India.

Some of the areas where we must pay special attention include technology related dispute resolution in India, film, media and entertainment industry dispute resolution in India, cross border e-commerce dispute resolution in India, etc. E-courts and ODR can be effectively used for all the abovementioned purposes.

E-commerce players in India have many techno legal obligations to follow and cyber law due diligence in India is one such obligation. Not only legal requirements for undertaking e-commerce in India are stringent but even Internet intermediaries liability in India must be taken seriously by companies engaged in online transactions and businesses.

Realising that cyberspace can bring many commercial benefits; both individuals and companies are ensuring that they have strong online presence. More and more brand promotion and protection in India are done these days in an online environment. Companies and individuals are also ensuring domain name protection in India so that their reputation and goodwill is not misappropriated by others. Brand protection, reputation management and domain name cyber squatting disputes are at rise and the same can be resolved using e-courts and ODR in India.

However, there is a general lack of awareness regarding use of e-courts and ODR for e-commerce disputes resolution. Further, there are very few e-commerce lawyers and law firms in India that can provide expert services in this regard. E-commerce players must also be aware that other laws, including intellectual property laws, can make these e-commerce players labile for civil and criminal actions. For instance, these e-commerce players can be held liable for online infringement of copyright in India of the copyright owners. Similarly, if any person posts an offending material at the e-commerce site or otherwise deal with the e-commerce site in an illegal manner, the e-commerce site owner may find himself in trouble.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce website or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India. Further, Perry4Law and PTLB also recommend active use of e-courts and ODR in India for resolving e-commerce disputes resolutions in India and corporate disputes in India.

We also believe that more effective and useful e-commerce laws in India must be formulated that expressly deal with e-commerce aspects in India. Let us hope that these suggestions would be implemented by Indian government very soon.

E-Courts And ODR In India

Electronic courts (e-courts) and online dispute resolution (ODR) are two most important uses of technology for dispute resolution and adjudicating of cases. However, India has been slow on both these fronts. For instance, till the end of February 2012, we are still waiting for the establishment of first e-court in India. This is so because India lacks techno legal expertise for establishment of

Electronic Filing Of Consumer Complaints In India

The use of information and communication technology (ICT) for justice delivery system is well known. Even use of ICT for judicial and legal reforms in India is well understood. The role of ICT for effective judicial system in India is though well known yet very few efforts in this regard have been undertaken in India.One can understand this position from the fact that till now we are still

Online Dispute Resolution (ODR) In India

Information and communication technology (ICT) is considered to be a good option for resolving disputes of modern days. Concepts like online dispute resolution (ODR) and e-courts are proof of the same.Unfortunately, neither online dispute resolution in India nor e-courts in India has been accepted and implemented. In fact, we have a single techno legal e-courts training and consultancy centre of

Electronic Bail Granting And Communication System In India

Granting of bail in a criminal matter ensures the right to life and liberty of an individual. While granting a bail, it is ensured that the normal life off the grantee is not jeopardised due to the initiation of a criminal proceeding. In many cases, although the bail is granted yet its communication and final execution may take some time. This seems to be an unreasonable exercise and avoidable

Online Lawyers Professional Trainings In India And Asia

Indian government has been taking information and communication technology (ICT) seriously these days and the same applies to law ministry as well. Law ministry has been planning to use ICT for multiple legal and judicial purposes. From legal education and training to establishment of e-courts in India, law ministry of India has plans for all.Lawyers play the central role in all legal and

Online Dispute Resolution In India Strengthened

India is not using ICT for dispute resolution whether it pertains to e-courts or contemporary out of court dispute resolution in the form of online dispute resolution. Fortunately, the first ever Techno-Legal Online Dispute Resolution Centre of India has been launched by Perry4Law that would cater the dispute resolution, training, educational and many more such crucial requirements in

First E-Judiciary Training And Consultancy Centre Launched In India

India is at the initial stages of establishment of electronic courts (e-courts). Though India has done a good job by computerising the courts at various levels yet it is still far from the establishment of even the first e-court of India. It seems the e-courts project of India needs a techno-legal training boost.Perry4Law and PTLB have launched the first ever e-courts training and consultancy