ONLINE DISPUTE RESOLUTION IN CROSS-BORDER COMMERCIAL DISPUTES: CHALLENGES AND OPPORTUNITIES FOR INDIA IN THE ERA OF VIRTUAL ARBITRATION
Abstract
The rapid digitalisation of dispute resolution mechanisms, especially in the wake of the COVID-19 pandemic, has brought Online Dispute Resolution (ODR) to the forefront of international commercial arbitration. While global arbitral institutions have adapted quickly to the challenges of virtual hearings, digital document submissions, and AI-assisted case management, India remains at a crucial juncture. This research proposal explores the promise and pitfalls of adopting ODR mechanisms in cross-border commercial disputes involving Indian parties.
The study begins by contextualising the emergence of ODR within international legal frameworks such as the UNCITRAL Model Law and the New York Convention, assessing how digital proceedings interact with traditional notions of party autonomy, procedural fairness, and enforceability of arbitral awards. Special attention is paid to the legal and infrastructural preparedness of India to host or participate in virtual arbitration proceedings, drawing comparisons with jurisdictions like Singapore and the United Kingdom.
This research proposes a doctrinal and comparative methodology to analyse statutory frameworks, institutional rules, and case law, alongside select policy documents and industry reports. The aim is to critically evaluate India’s existing arbitration ecosystem and identify the normative, regulatory, and practical reforms necessary to
integrate ODR into its cross-border dispute resolution architecture. Ultimately, the study aspires to offer a legally sound and context-sensitive roadmap for India's emergence as a reliable hub for virtual arbitration in the digital age.
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References
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