Jurisdictional Problems to E- Commerce Entity in Online Dispute Resolution

Authors

  • Shobhit Agrawal

Abstract

O

nline Dispute Resolution (hereinafter ‘ODR’) is well recognized mechanism in resolving disputes now-a-days. In simple words ODR means the resolving of dispute between the disputed parties on internet and physical presence of parties, documents, etc. is not in need. The parties to the disputes are opting ODR more in comparison to the traditional Alternative Dispute Resolution (ADR) and this is because ODR provides more benefits to them. Every process is having their own pros and cons but what matters is that how to overcome those negative aspects to make that process better from other. The basic objective of my research is to scrutinize the reasons to opt ODR over the ADR; the legal concerns that the disputed parties face while opting ODR; and the focus is on the jurisdictional issue which the disputed parties usually face in the ODR, and lastly to propose the possible solutions to overcome the issue of jurisdiction in ODR.

References

Legislations

• Consumer Protection Bill 2015.

• Information Technology Act, 2000

• The Arbitration and Conciliation Act 1996.

Books

• KamathNandan, ‘Law Relating To Computers, Internet And E-Commerce: A Guide To Cyber Laws’, Vol 1 ( 5th Universal Law Publishing Co 2016)

• Tim Kevan and PaulMcgrath, ‘E-Mail, the Internet and the Law’, 183 (Universal Law Publishing Co. Ltd., 2007)

• L. Padmavathi, ‘E-Contracts- Emerging Dimensions’, 135 (1stEdn. Amicus Books, The ICFAI University Press 2008)

Articles/Reviews/Reports

• Ankona, “Advantages and Disadvantages of ODR” (VIA Mediation & Arbitration Centre 2020)

• CP Nandini, “B2C E-Commerce and Consumer Protection with Special Reference to India – ADR a Best Possible Solution ”(Chair on Consumer Law and Practice February 2021)

• Frank A. Cona, ‘Application of Online Systems in Alternative Dispute Resolution’ (1997) Buffalo Law Review

• MrinaliKomandur, ‘Jurisdiction and Enforcement of E-Commerce Contracts’ (Chair on Consumer Law and Practice January 2021)

Published

2022-01-13

How to Cite

Shobhit Agrawal. (2022). Jurisdictional Problems to E- Commerce Entity in Online Dispute Resolution. International Journal of Economic Perspectives, 16(1), 1–4. Retrieved from http://ijeponline.org/index.php/journal/article/view/69

Issue

Section

Peer Review Articles