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Showing posts with the label Resolution

The challenges for ODR

  ODR faces various obstacles in its way of growth in India such as lack of human interaction and communication, lack of literacy, inadequate confidentiality and secrecy of proceedings, lack of trust and confidence, limited range of disputes, cultural, educational and language barriers, negative mindset of lawyers. But one of crucial and pivotal challenge is the admissibility of ODR. i. i. Challenges as To Admissibility: a) Mutual Consent and Writing: For invoking ODR process, mutual consent of parties is essential, whether through an explicit clause in contract or by separate mutual agreement between parties, otherwise any decision rendered by neutral shall not be legally valid and binding on parties. Another essential condition is agreement between parties must be in writing. Article 2 of New York Convention and Article 7(2) of UNCITRAL Model Law requires the agreement must in writing. But at the same time New York Convention is silent upon agreements entered into through electronic