P.S: It is envisaged that in certain cases it may be possible for the
parties to attempt a negotiated settlement before the commencement
of the proceedings, initially without assistance and later with the
assistance of a mediator. In such cases ODR Global may provide the
services of an e-Ombudsman who may be able to provide initial assistance
for resolving the dispute through negotiation, mediation and
conciliation before the arbitration process is initiated.
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 ODR Global and conduct the Arbitration online. B
A contacts ODR Global with relevant details and
registers a request for Arbitration with the necessary fees. The
Registrar from ODR Global 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
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 ODR Global for records or directly to the
parties under confirmation to ODR Global.
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
ODR Global 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 ODR Global through the
incorporation of the appropriate arbitration clause.