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Online Dispute Resolution Process

Arbitration.in provides two modes in which the online Arbitration support service would be provided.

CEAC Mode

(Virtual-ODR)

 Standard Mode

(Normal-ODR)

Under this mode, the Center will provide a Virtual Arbitration room in which the Arbitration process will be conducted.

The proceedings of the Arbitration will be observed and recorded by a "Registrar" and digitally signed copies will be provided to the stake holders with certification under Section 65B of Indian Evidence Act from Cyber Evidence Archival Center (http://www.ceac.in) so that they become admissible electronic evidence as per Information Technology Act 2000.

This will ensure face to face interaction between the contracting parties, discussion/presentation to the Arbitrator, presentation of witnesses, argument by the respective counsels.

Documents can also be uploaded during the proceedings for record and also sent separately through e-mail by the registrar.

This system replicates a real Court Room scenario with Judicially accepted certified copy of the proceedings. Hence this mode is a "Virtual-ODR" process as compared to the more common Standard mode which is often described as ODR.

This service is unique and  not available in any Arbitration center so far anywhere in the world.

The "Standard Mode"  is similar to the system followed by many other arbitration centers in the world including the WIPO domain name arbitration.

Under this mode, the communication with all the parties will be e-mail based. The center would receive requests from arbitration centers through e-mails and serve necessary notices both by e-mails and courier.

Response would also be sought both through e-mail and signed paper form.

However, as an improvement to the general system, e-mails sent and received in Arbitration.in will be certified by CEAC for delivery so that even when there is no response from the recipient, there would be valid evidence that the e-mail has been delivered.

Support documents are received through e-mail and may be supported by physical documents sent through courier also.

There will be no physical or virtual meetings.

For further information they may contact Naavi through e-mail.

Kindly note that since Arbitration.in is not itself an Arbitral institution, no specific rules of arbitration have been prescribed here. Arbitrator who would like to use these services can use their rules suitably adapted for conducting the meetings online.

Typical Online Arbitration Process Explained

Mr A and Mr B have entered into a business contract. Now some dispute has arisen between them and Mr B is contending that Mr A has not completed his contractual obligations as per specifications in the Contract and hence not released the payments. Mr A contends that he has adhered to the contractual terms and Mr B is in default of the payment.

It is the view of Mr A against the view of Mr B and they have to resolve this dispute if necessary through a Court proceeding. But both know that Court proceedings are a pain and would like to resolve the dispute through an Alternate Dispute Resolution mechanism. Mr B is reasonable and not against making payment if he is convinced on the proper execution of the contract by Mr A. Mr A is also ready to make some concessions if required but they are not able to convince each other who is correct. The Contract provides for "Arbitration" in Singapore where as Mr A lives in Delhi and Mr B lives in Singapore. If A invokes arbitration, he will have to attend arbitration proceedings in Singapore, pay the costs of the Singapore arbitrator. 

Mr A therefore suggests to B that they should consider using Arbitration.in and conduct the Arbitration online. B agrees.

A contacts Arbitration.in with relevant details and registers a request for Arbitration with the necessary fees. The Registrar from Arbitration.in sends a notice to Mr B who responds positively. A and B decide on a Sole Arbitrator and inform the Registrar. The Registrar then initiates the process of informing  the Arbitrator  and gets his consent. If necessary, a demo training is provided to all the parties A, B and the Arbitrator. Once all parties are comfortable, a mutually acceptable date and time is decided for arbitration and the Registrar sets up the Online Arbitration Room.

Each of the participants are provided with Arbitration Room Passes (Passwords for Entry). Their counsels and witnesses are also provided separate passes for the Arbitration room so that they can participate in the proceedings.

The Registrar will also coordinate if documents need to be exchanged between the parties and the Arbitrator before the actual hearing so that the parties as well as the Arbitrator would be ready to conduct the proceedings productively.

On the said date and time all the persons virtually assemble in the room, the Registrar gives initial instructions and the Arbitrator takes over the proceedings. The participants can see each other, talk to each other, exchange documents, discuss, debate, present witnesses who can be cross examined if necessary and argue.

The Arbitrator after considering all the facts presented may conclude his arbitration in one sitting or suggest further hearings in which if required parties can produce further evidence or even further witnesses. Once the process is satisfactorily concluded in one or more sittings, the Arbitrator may issue his award.

All the session proceedings will be recorded and the video file will be digitally signed by the Registrar and certified under Section 65B of Indian Evidence Act and copies (soft copies) will be provided to each of the stake holders with or without additional charges.

The Award will also be transmitted by the Arbitrator through Arbitration.in for records or directly to the parties under confirmation to Arbitration.in.

In the entire process, Mr A is not required to travel to Singapore, nor meet the cost of hotel expenses for stay and suffer the inconvenience of disruption of his business for the days of his travel. He can use the services of his counsel in Delhi who also need not travel to Singapore, disrupt his practice for the travel and make Mr A incur a needless  heavy cost.

Both Mr A and Mr B are happy that the services of Arbitration.in was available to them. In future they vow that in all contracts they will specify that dispute resolution will be only by means of Online Arbitration through Arbitration.in  through the incorporation of the appropriate arbitration clause.

The Steps used in the process are explained in detail here