Protection of Confidentiality and Security of Parties in Online Dispute Resolution

The rapid evolution of the Internet has transformed the global marketplace, enabling seamless international business transactions. As e-commerce continues to expand, Online Dispute Resolution (ODR) has emerged as a significant mechanism for resolving disputes in the digital economy. ODR integrates traditional Alternative Dispute Resolution (ADR) methods such as arbitration, mediation, and negotiation with modern technology, including videoconferencing, email, chat platforms, and electronic signatures. While ODR is celebrated for its efficiency, cost-effectiveness, and accessibility, it faces notable challenges that hinder its widespread adoption. Key concerns include the lack of face-to-face interaction, data security risks, and confidentiality issues in e-arbitration agreements and judgments. This paper investigates viable solutions to critical issues in ODR, particularly focusing on the "seat of arbitration," "secrecy of e-agreements," "consent of parties," and the "enforceability of arbitral awards." By exploring these challenges, the study aims to evaluate the feasibility of ODR as a credible and effective dispute resolution model in India. The findings suggest that with proper legal frameworks, enhanced security protocols, and improved technological infrastructure, ODR can emerge as a reliable alternative to traditional ADR and litigation, ensuring faster and more accessible justice for cross-border e-commerce disputes.

Authors

Publication Details

Journal
International Journal For Multidisciplinary Research
Published
2025-03-17
DOI
https://doi.org/10.36948/ijfmr.2025.v07i02.39369
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.00
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article

Protection of Confidentiality and Security of Parties in Online Dispute Resolution

M M Devaiah
International Journal For Multidisciplinary Research
Dispute Resolution and Class Actions
article

Protection of Confidentiality and Security of Parties in Online Dispute Resolution

M M Devaiah
article en

Abstract

The rapid evolution of the Internet has transformed the global marketplace, enabling seamless international business transactions. As e-commerce continues to expand, Online Dispute Resolution (ODR) has emerged as a significant mechanism for resolving disputes in the digital economy. ODR integrates traditional Alternative Dispute Resolution (ADR) methods such as arbitration, mediation, and negotiation with modern technology, including videoconferencing, email, chat platforms, and electronic signatures. While ODR is celebrated for its efficiency, cost-effectiveness, and accessibility, it faces notable challenges that hinder its widespread adoption. Key concerns include the lack of face-to-face interaction, data security risks, and confidentiality issues in e-arbitration agreements and judgments. This paper investigates viable solutions to critical issues in ODR, particularly focusing on the "seat of arbitration," "secrecy of e-agreements," "consent of parties," and the "enforceability of arbitral awards." By exploring these challenges, the study aims to evaluate the feasibility of ODR as a credible and effective dispute resolution model in India. The findings suggest that with proper legal frameworks, enhanced security protocols, and improved technological infrastructure, ODR can emerge as a reliable alternative to traditional ADR and litigation, ensuring faster and more accessible justice for cross-border e-commerce disputes.

International Journal For Multidisciplinary ResearchVol. 7(2)
Openalex Percentile: Top 93%
Dispute Resolution and Class Actions
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