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The ODR process is initiated either by the Adjudicator (Arbitrator/Mediator or Institute of Arbitration/Mediation) or one of the parties to the dispute.

ODR Global will assign a "Registrar" to coordinate all activities leading to the completion of the adjudication. A suitable contract of privacy and confidentiality will be sent by ODR Global to the necessary parties.

ODR Global provides the secretarial services if required to get all the parties to the dispute agree to ODR Global as the "Seat of Arbitration".

The rules of arbitration will be set by the Adjudicator.

Payment is made for booking the Adjudication room by whosoever invokes the adjudication and ODR Global will set up the meeting room and inform all stakeholders with necessary access credentials.

The Adjudicator will conduct the proceedings over one or more meetings and also deliver his award in a hearing along with a written document.

The "Registrar" will be present during the proceedings, record and submit it for certification to CEAC.

On certification, the copies will be distributed to the stakeholders.		 The ODR process is initiated by either the Adjudicator or one of the parties to the dispute.

ODR Global will assign a "Registrar" to coordinate all activities leading to the completion of the adjudication. A suitable contract of privacy and confidentiality will be sent by ODR Global to the necessary parties.

ODR Global provides the secretarial services if required to get all the parties to the dispute agree to ODR Global as the "Seat of Arbitration" and the rules based on the e-mail exchange of documents, replies and counter replies.

ODR Global will act as an intermediary for receiving the e-mail from one party and sending it to another party with a certificate of delivery.

The adjudication process will be managed by the Adjudicator and the Registrar of ODR Global will collate all correspondence along with the support documents and submit a report which will be certified under Section 65B of Indian Evidence Act by CEAC.

The final adjudication report will also be routed through the Registrar of ODR Global. The report will be distributed to all the stake holders.		 In case of Arbitral institutions or experienced Adjudicators who want to conduct offline adjudications but send CEAC certified e-mail notices, ODR Global may on request provide only secretarial services such as sending notices, receiving replies, sending and receiving documents and negotiating the appointment of arbitrator and fixing a physical seat of arbitration/mediation etc.

These will be like back office support to assist those adjudicators who may require such services.		 In respect of established Arbitration/Mediation institutions who have the necessary secretarial services for conducting physical proceedings, the services of ODR Global may be invoked on an ongoing basis as and when any of the clients require an ODR instead of a physical ADR.

In such cases, ODR Global may act as a technology partner of the Institution and a consolidated arbitration fee may be collected either by the Institution or ODR Global on a shareable basis.

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.

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 ODR Global and conduct the Arbitration online. B agrees.

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 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 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.

ODR Global is closely following the Model code development on ODR at UNCITRAL so that it is completely compatible with UNCITRAL proposed model law.