1. Who can use the services of
The service of odrglobal.in can be used by any
individual who is a party to a contract and is facing a dispute
situation. It can be used by firms, Companies or any other
organizations. E Commerce Companies can incorporate odrglobal.in as a
part of the dispute resolution process in their terms of service.
Professional Arbitrators and mediators can use the
platform for conducting their arbitrations and mediations.
The service can be used by entities located both in
Indian or outside.
2. What are the advantages of using
odrglobal.in is convenient to use and highly
Unlike a conventional physical arbitration or mediation
meeting, parties need not congregate on a single location. It saves on
travel and time besides the cost of hiring the physical meeting place.
It saves time of all the parties since they can
attend the meetings from their respective locations without the need to
travel consuming additional professional time. In a conventional
proceeding, if a professional arbitrator located in Bangalore has to
attend a 2 hour meeting in Delhi, he has to perhaps travel on the
previous day and charge for two professional days as his service cost.
In ODR Global, he can perhaps connect 15 minutes before the
scheduled time and attend to other work immediately after completion
saving time and effort for himself and charging less for the client.
The proceedings during the arbitration meeting is
captured digitally in a non repudiable manner with a trusted third party
such as the CEAC and made available for further use as may be
required. In a conventional physical meeting there could be loss of
information and lack of 100% evidence of proceedings as against complete
digital recording of the proceedings that would be available in the form
of a CEAC certified evidence.
3. Can I use this site for
Yes. The process of mediation is similar to the
odrglobal.in respect of sensitive mediation proceedings such as in
the case of matrimonial cases, the online process avoids the
embarrassment of a physical meeting and provides for a more
4. I have a dispute in a contract. But I don't know if
the other party would agree for online arbitration. What should I do?
It is necessary for all the parties in the contract
to agree for the use of online arbitration in the first place and then
at ODR Global in the second place. If this is not a pre-agreed
process, it is necessary to propose this to the other party and obtain
their consent. This is part of the service that ODR Global provides
during the pre-scheduling period after the initial request for
arbitration from one of the parties is registered. On receipt of the
request and the initial fees, the Registrar sends a notice to the
counter party and obtains their consent before scheduling the
5. I am about to enter into a contract. How should I
incorporate online arbitration?
During the negotiation of the contract, you can suggest
inclusion of an arbitration clause to the following effect:
"Any or All of the dispute or difference arising
out of or in connection with this contract shall be resolved by
arbitration using the services of online arbitration
services provided under www.odrglobal.in .The arbitration shall be subject to the
provisions of the Indian Arbitration and Conciliation Act 1996 and
consist of one/three* arbitrators.." (* use as appropriate).
The seat of arbitration is deemed to be India* (*use as
Since incorporation of the
online arbitration is beneficial to all contracting parties, if the
advantages are understood, there is no reason for the other parties to
refuse. However, if required, Naavi can be contacted to provide any
clarifications directly to the counter party to provide them the
It is open to the parties to
provide for online arbitration either as an exclusive requirement or as
an additional requirement in which physical arbitration meeting is also
possible. The clause needs to be drafted accordingly to provide for both
online or offline arbitrations.
Legally speaking however,
in India, according to Information Technology Act, "A
message is deemed to be sent or received in the usual place of
residence/usual place of business" of a person. Using this attribution
provision, "ODR Global" may be considered as a "Place of usual
residence/usual business" of both the contracting parties. Since the "Place of
arbitration" mentioned in contracts is likely to be the place of either of the
contracting parties, it is possible to interpret that "ODR Global" can be
used on all contracts even where the contract does not specify "online
6. I am not in India. Can I use the services?
ODR Global is a global service. It can be used by
any of the parties either residing in the same country or otherwise,
either in India or otherwise. The system of providing certified copies
which are valid under Section 65B of Indian Evidence Act may be
judicially binding in India. Elsewhere it can be a "Good Practice" which
is respected by all the parties concerned.
7. I am not an expert in IT. Can I use these services?
Use of online arbitration under ODR Global does not
require more than a minimal level of technical expertise. It requires an
ability to connect to internet, download a web meeting software if
required and use a web cam. Users are provided necessary guidance and if
required a demo training.
8. Do I need any special equipments to use the services?
A windows based computer/laptop connected to internet
with a webcam is required. Computer's speakers and mic are normally
sufficient for conducting the online meeting though having a headset and
microphone may be useful.
The most critical aspect of the process is a good
internet connectivity. Since video conferencing is involved, broadband
connectivity is desired.
It is recommended that users may run the demo meeting to
know if their connectivity is good and reliable for extended
The responsibility for organizing a reliable
connectivity is that of the participant since this parameter is not
under the control of ODR Global.
9. Can I use the services from a Cyber Cafe?
Yes. Considering the critical need of a good and
reliable connectivity, users may consider using external service
providers such as Cyber Cafes. The users shall however be responsible to
secure their privacy and information security in such cases. Kindly
ensure that you would not be disturbed during the session.
ODR Global proposes to enlist the services of
suitable intermediaries in certain places in due course who may be of
assistance to the users. As and when such services are available, the
information would be made available on the website.
10. Who is responsible for internet connectivity during a
The online arbitration session is dependent on internet
connectivity at the end of each of the persons participating in the
process. It certainly is dependent on the connectivity at the end of
ODR Global and also at the end of each of the users. Each person
connecting to the system is responsible for the connectivity at their
In case of temporary break downs, the session can be
continued after the break is restored. If the connection becomes
completely unreliable, the session has to be rescheduled.
If the disruption is from the end of odrglobal.in the
session would be freely rescheduled with a regret as to the
inconvenience. In respect of the other users, if the session needs to be
extended because of the disruptions in connectivity, no charges will be
made for upto 25% time extension compared to the scheduled period for
which the arbitration room is booked. Any disruption beyond this 25%
cushion would be charged at the proportionate rate.
11. How should I make the payment for the services?
The payment can be made online through PayUMoney to
Ujvala Consultants Private Limited.
If required, payment may be also made directly to Ujvala Consultants Pvt
Ltd for which the Bank particulars would be provided on request at the time of
Alternatively payment can also be made through Naavi's payment
center as provided in the website. This money will be received by
Na.Vijayashankar and passed on to Ujvala Consultants Pvt Ltd .
International customers can pay through the same
payment gateways at an exchange rate as prevailing at the time of
12. Can I get a demo session for training?
Yes. At present one demo session separately for each of
the contracting parties and the arbitrator would be provided free of
charge. The demo session would be for about 5 minutes to indicate how
the connectivity is to be established with voice and video functionality
as well as to test the band width. It can be scheduled subject to mutual
convenience of odrglobal.in and the respective user.
13. Who Can be a Member for regular use of the platform?
Any Individual, Association of Individuals, Firm, or Body
Corporate can be a member.
14. I am not a Lawyer or a Retired Judge. Can I be a member ?
Yes. If you are an expert who is capable of providing
arbitration service in your area of specialization, you can register as an
"Expert". You may then be chosen either by the parties to a dispute as a
commonly accepted arbitration for a dispute or by an arbitration panel for expert
15. I am an E Commerce website requiring to conduct
Arbitration/Mediation with my customers. Can I use this Service?
Yes. You can incorporate the use of odrglobal.in as a tool of
grievance redressal for your customers in the Terms and Conditions document .
16. I am a Company and require to conduct
Arbitration/Mediation with my Employees particularly those who have left the
Company. Can I use this Service?
Yes. You can incorporate the use of ODR Global as a tool of
grievance redressal for your employees in the employee contract/HR policy.
17. I am an accredited Arbitrator for domain name dispute
resolution. Can I use this service?
For the purpose of mediation, it is possible to use
ODR Global without any specific issue. However, for arbitration of a dispute
which may later require compliance of the registrar, the accredited arbitration
system needs to be used.
ODR Global has initiated a dialogue with NIXI to include the
online arbitration as a recommended tool of resolving domain name disputes in
the dot in domain under INDRP. The NIXI has not specifically indicated whether
an online the arbitration process.
ODR Global is also in the process of initiating a dialogue
with ICANN to find ways of making the services of ODR Global acceptable for
dispute resolution under the UDRP.
18. We are already an established
Arbitration Council. How is
this service relevant for us?
Firstly, this will be another channel through which the
intending parties may become aware of your services. Secondly if the arbitration
has to take place in a location where you do not have the office facility, you
may be able to use the service for such assistance. Lastly, you can use the
service if you need an online arbitration,
19. We have an arbitration infrastructure in some places
already. How can I use this service beneficially?
You can use the facility in places where you do not have the
infrastructure or for online arbitration.
20. We are an
Arbitration Council with several members. How
can we train our users in the use of online arbitration?
Naavi can undertake such training on request for groups of
your members. If it is in Bangalore it can be done free of charge. In other
places, the charges for conducting the training are subject to negotiation.
21. How is online arbitration recognized in law?
The online facility will be Cyber Law Compliant as per Indian
The virtual meetings are a replacement of physical meetings. The
Regisrar will be an observer who will be a virtual witness to the proceedings.
All proceedings would be recorded with the use of standard
ODR Global also takes cyber law compliant measures to
identify the participants with the use of Digital Signatures where available or
with online verification of identity documents. As and when e-sign facility is
available, it would be also made use of.
In view of the above measures, it is considered that the
proceedings are not only mutually acceptable to the contracting parties, but
also to the Judiciary if the proceedings continue further.
22. Where can I get more information?
You can contact Naavi for more information through e-mail
email@example.com. You can also explore
www.naavi.org for relevant articles.
23. We are an established
Arbitration council and have our own Tariff. Do I need to change?
No. You can use your own tariff as well as rules to conduct
arbitration. The charges made by ODR Global is only for the use of the
facilitation center. Whenever, a member uses the services of odrglobal.in a
service charge of 5% is payable. This can be either absorbed in the
current service charge of the arbitrator or the charge increased to the extent
necessary. Service tax if any will be payable by the Arbitrator as applicable
and the above service charge of 5% is exclusive of taxes.
24. I do not have my own tariff or set rules. What do I do?
In case you want to use the standard tariff structure,
Arbitration can suggest standard rules and tariff and you are welcome to adopt the same. In such case, you
may indicate the same in your profile.
25. How is the Confidentiality of information assured?
The proceedings of arbitration is considered confidential
information which it is understood has to be protected for privacy and
information security. Adequate measures are taken at the end of
ODR Global to ensure that the information is shared only on a "Need to
Since the individual computer resources through which
parties interact with the Arbitration system is distributed, there is a
possibility that persons may be shoulder surfing at different end points of
the users. Each user is expected to take necessary steps to ensure that only
authorized persons are available at their terminal and access is provided
only to persons whom they have chosen to provide access.
ODR Global uses reputed service providers for conducting
the online meetings and hence the security measures adopted by these
intermediary service providers are commensurate with the risks involved.
The recordings are kept at the resources of ODR
and the service provider will have only a transient real time access to the
information as an "Intermediary" along with his own obligations under law.
The users however should appreciate that the service is
provided over the internet and there could be certain risks that are
associated with the medium that needs to be considered as risks that has to
be absorbed by all users.
26. How is the integrity of the information assured?
Information once collected is digitally signed and
checked with appropriate hashing so that the integrity of information is
ensured. The transient information risk is managed with the use of service
providers who are reputed for providing reliable services.
27.How is the Availability of service assured?
The arbitration service is provided with the use of online
tools and services such as online virtual meeting tool, e-mail, web services
etc. ODR Global uses the services of only established service providers
to the extent possible.
The risk of non availability due to failure of internet
connectivity at the end of ODR Global is managed with reasonable
redundancy and assured free replacement of service time. The responsibility
for connectivity at the end of the users remains with the users and needs to
28.How is the authentication of information assured?
The authenticity of the users is checked with digital
signature where available and with reference to other KYC documents where
digital signatures are not available. In due course odrglobal.in may use
e-KYC facilities provided by UIDAI and e-Sign facilities as and when
Delivery of recorded evidence is provided by ODR Global
with a digital signature of an authorized person.
29. How is the Non Repudiability of Information assured?
To the extent digital signatures are used, the non
repudiability of the information is assured. The presence of the Registrar
during the arbitration sessions also adds an element of non repudiability
since the Registrar can always provide his evidence on the proceedings. In
other cases where non repudiabilty is required for documents appropriate
measures will be imitated as may be required on a case to case basis.
30. What are the service dependencies?
The technical aspects of the service depend on the
hosting services, internet connectivity services, the online meeting
service, services related to online recording, the e-mail communication
services and other system software and hardware. Continuous efforts are in
place to reduce the uncertainties associated with such dependencies and
improve the reliability of the service.
31. What is the jurisdiction for dispute resolution?
Jurisdiction for dispute resolution to the effect
whether arbitration is possible and whether online arbitration is
acceptable and if so whether ODR Global is acceptable are all
matters which need to be decided on the basis of the contract and/or
mutual agreement between the contracting parties.
If arbitration is possible, the place of arbitration
is normally included in the contract itself. The contract however may
say arbitration is to be held in a particular city and leave the choice
of location to the arbitrator. It is therefore possible to consider that
the arbitrator has the discretion to chose the location as long as the
place is mentioned in the contract.
If therefore "Online" is mentioned in the contract, then
there is no argument left.
If not, one can still argue that as per section 13 of
ITA 2000/8, the messages sent or received in electronic form can be
deemed to have been sent or received from the usual place of residence
of the sender and receiver and using this provision, an online
arbitration actually occurs from the place where the sender or receiver
is logging in. If therefore one of the parties who invoke the
arbitration has his usual place of residence in Delhi , the proceedings
are deemed to be taking place from Delhi irrespective of the fact that
the person may be actually logging in from some where else. Hence Cyber
Place itself can take the location of the sender's or receiver's usual
place of residence and if this matches with the contract then the online
arbitration may be considered as within the provisions of the contract.
32. What is the grievance redressal process?
The grievance redressal process in respect of this
website and its services is based on the requirements of Section 79 of
ITA 2000/8. The grievance redressal officer is Na.Vijayashankar and is
available on e-mail firstname.lastname@example.org.
The general condition under which the service is
being rendered is that in the event of any failure of service, the
customer is not entitled to a compensation beyond the cost of service he
has paid for subject to the resolution of the dispute by the grievance
If the decision of the grievance redressal officer is
not acceptable to the customer, the matter may be settled by a single
arbitrator through the online arbitration system of ODR Global as
per the provisions of the Indian Arbitration Act. Three arbitrators will
be suggested by the customer of which one may be accepted by
ODR Global. All costs will be on the account of the person who
raises the dispute.
In the case of dispute arising between two customers
of ODR Global regarding the service of ODR Global, the Registrar
of the session will be the first level resolution officer and there
after the appeal will be considered by Naavi or one of the arbitrators
who is designated by Naavi.
33. What is CEAC?
Naavi has been a pioneer in the field of Cyber Law in
India and has been managing the CEAC service for "Cyber Evidence Archival"
since 2002. Evidence from CEAC was used by the Court in the first case in
which conviction was made under provisions of ITA 2000 in India, namely the
case of Suhas Katti. Since then the process is being used in a number of
instances in many Courts. CEAC is a private body but the system used by CEAC
conforms to Section 65B of Indian Evidence Act. More on this can be explored
34. Can any party cheat during the process?
It is anticipated that since both the contracting parties
are available on a video during the arbitration sessions, there can be no
The participants may take the assistance of other persons
staying near the computer without informing the counter parties. These are
ethical issues and it is presumed that participants will use the services in
good faith and under a general code of conduct that is acceptable to all the
It is possible that one of the parties may deliberately
disconnect and thereby disrupt the proceedings under the guise of
connectivity problems. The Registrar of the session will take suitable steps
to prevent such practices and conduct the proceedings to the satisfaction of
all the parties.
However occasional disruptions are considered unavoidable
and financial loss in the form of lost service charges suffered by any of
the parties due to such frustrated sessions may be compensated as per the
decision of the Registrar whose decision in this regard will be considered
final and binding. Such refund/compensation shall be considered only if the
session is frustrated by the party which is invited to the online
arbitration at the instance of the first party who invokes the arbitration.
The decision of the Registrar will however be final and binding in such
Use Case Scenarios
35. How can the ODR Global service be used by an E Commerce website
An E Commerce website such as Flipkart, Snapdeal,
Amazon, Quickr, Olx, etc have established a huge market for goods
and services. Users of these services are wedded to online
experience and even when disputes arise they would like to use only
Presently, most of these services bank heavily on
immediate product replacement as a means of reducing consumer
disputes. These are working well and consumers are happy to get a
replacement of their goods. However, in C2C transactions and in case
of some goods, replacement may not be on offer and buyers need to
absorb the risk of dealers not meeting their quality obligations.
As the number of online transactions increase and
more and more high value transactions come up, it may not be
possible for these online market places to completely absorb the
losses arising out of disputes between the consumer and the third
party merchant who operates through the market place.
Hence disputes need to be settled through an
acceptable process. Under Section 79 of ITA 2000/8, it is also
mandatory that a Grievance Redressal Mechanism needs to be
introduced by all intermediaries. Hence sooner or later,
"Arbitration" will be an essential aspect of the Terms of Service of
any online E Commerce.
In such cases it would be natural to expect that
the dispute resolution would an "Online Experience" so that
consumers who are physically located in far off places would be able
to complete resolution of even complicated disputes through
online interaction with either an Ombudsman or through Mediation or
36. How can the ODR Global service be used by a Matrimonial
Matrimonial disputes go through many phases of
resolution and always start with mediation by a professional
Often the couple are separated and living in
different cities when the dispute resolution mechanism starts. The
need for travel during such a phase creates more irritation in the
parties creating additional hurdles working against reconciliation.
Use of Online Mediation will therefore enable
soft meetings between the estranged couples and pave the way for
reconciliation better than physical meetings which are likely to be
dysfunctionally emotional and inconvenient.
Counsellors may therefore find Online Mediation
more effective than the physical meetings for working towards
reconciliation and even less acrimonious settlements of disputes.
37. How can the ODR Global service be used by an
ODR Global is a facilitation center for
conducting Online Arbitrations and hence professional
Arbitrators/Mediators can look at the service as if it is a BPO
service which they can use.
ODR Global is not an Arbitration Council by
itself and hence does not compete with the business of the existing
On the other hand, ODR Global provides an
opportunity to the Arbitrators to expand their activities, give a
Tech Savvy touch to their operations without additional investments
and technical hassles.
The availability of CEAC certification would be a
huge value addition to the arbitration proceedings these arbitrators
may conduct and hence they may look at this service as a welcome
tool that will benefit their existing activities.
38. How can the Arbitration service be used by a business person.
Businesses should welcome the availability of
Online Dispute Resolution mechanism since it enables them to reduce
the cost of dispute resolution adds an element of convenience.
The CEAC certified proceedings would enable
Companies to use the facility for not only resolving consumer
disputes, but also the employee disputes. With the increasing
attrition rates in the industry, it is not common for employees to
move from one company in one city to another in another city or even
a different country. When such movements are accompanied by some
dispute about the employment contracts, there would be need for
invoking discussions for which the online Arbitration/Mediation is
the best option.
Employers should therefore consider adding "ODR
with ODR Global" as a standard feature of their dispute
resolution mechanism both in their HR policy as well as Consumer
Dispute resolution policy.
Additionally, Companies need to add "ODR with
ODR Global" as a standard contractual clause in all their
business contracts at least as one of the alternatives.