Equa R&D Center

Informality with proceedings resolution is the primary premise of alternative settlement of disputes. Each year, more than one billion transactions are anticipated to take place online. In a globalized context, many disputes over these transactions are resolved ‘online' utilizing a variety of ADR methods (ODR). Changing and developing technology is also important in the ongoing evolution of ADR procedures. Many dispute resolution processes can be supplemented and supported by technology, and advances in artificial intelligence suggest that technology will help parties and dispute resolution practitioners to isolate areas of agreement and disagreement where ADR may have had a limited application in the future. In the application of Artificial Intelligence to streamlining dispute processes and disputants, online settlement may help resolve conflicts, keep the classic informality, cost-effectiveness and speed. Online Conflict Resolution referred to dispute resolution methods based on information and links. The aim of this study is to focus on the various benefits which the judicial system in India will have with the introduction of artificial intelligence tools in mediation and alternative dispute resolution. The study will focus on the relief that the judiciary will get as it can be seen that due to lack of time the apex court is flooded with numerous pending cases so adding AI in the mediation would be like a cherry on the cake as this would assist in speedy disposal of the pending cases. The study will also focus on the issues that the judicial system in India would face while implementing the AI tools. Even though people can resolve disputes erroneously, society may still be using human judges instead of giving full authority over a machine. The study concludes that there is a belief of justice to be a unique ideal that artificial intelligence can find very difficult to perform regardless of its level of programming expertise.

Research at Equa

With the aim to promote the development of online dispute resolution in India, Equa Research Centre was established as an extension of Equa. The Equa centre is a non profit organisation , independently established and funded solely dedicated to the conducting and promoting research on the interaction between dispute resolution and technology.

Legal Wing

Legal Research

Find out how law can evolve and help in faster resolution of disputes.

The Centre plans on combining the law and the research on the practical aspect of law, and thereby, provide people with tailor-made solutions for their everyday legal issues. It further aims to make people aware of their legal rights and interests.

The Research Centre is an opportunity for the researchers to foster in-depth learning in their niche areas, and will also help them expand their reach. The Centre will provide a platform for students, academicians, researchers, lawyers, etc. to put forward their views and understanding of law.


IT Wing

Tech Research

To explore how the technology can help in resolution of disputes.

At the advent of technology , we find ourselves being a part of the realm of transformative experiment , redesigning the world as we know it in order to cater to a global online community. This world is made of codes and electrons allowing us to traverse the continuum of space and time, however, it is essential to converge the continuously evolving needs of the people with the rapidly evolving technology.

In the present times , our justice system is clogged with the backlog of cases and mismanagement ensuing from it , therefore , it is essential to encourage adaptation and fill the gap between the current justice system and modern decentralised online world.

Equa Research Centre aims at providing policy infrastructure to bridge this gap and has a diverse research team specialising in Blockchain Technology , software development , computer science , Business and Alternate Dispute Resolution and Online Dispute Resolution.

Some of ours Research Focus Areas are:

· Online Dispute Resolution

· Smart Contracts

· Blockchain Technology

The Scope

The traditional judicial system lacks efficiency due to multiple reasons such as overburden work, lack of required courts or judges, delay in justice, complex processes of courts, higher costs and so on.

The extensive promotion and proliferation of alternative dispute resolution methods, use of new techniques and technologies inside the court room as well as outside the court room are the important factors which have given rise to the virtual dispute resolution.

The arbitration and conciliation Act, 1996 was enacted to modernize the old Act, of 1940 which is a comprehensive piece of legislation enacted in consonance with the UNCITRAL model law. Further, the amendments Act of 2015 and 2019 have made it more relevant to the modern day era thereby accepting the clause of arbitration in online agreements.

The commercial disputes can be resolved with the method wherein the disputes are submitted to an independent private tribunal that decides disputes after having allowed the parties to make necessary representation.

The traditional mechanisms are lagging behind technology. The present legal remedies in the context of online transactions are not the most effective means of redress because of the nature of long-distance transactions and jurisdictional issues.

The main problems with the online transactions are basically lack of trust and confidence. The Equa builds trust in transactions, keeps customers satisfied, preserves relationships and shields the company from liability. It also works as a tool of online reputation management (ORM).

The E-commerce transactions are borderless and if any dispute arises in such transactions, it becomes very difficult for the aggrieved the party to take legal action because of high cost and delay in disposal of disputes in international litigation, the issues of enforcement and jurisdiction. Under such circumstances, the virtual dispute resolution can be vital in building trust and confidence for the e-commerce industry. In India, the awareness relating to electronic commerce is growing and it has covered all businesses.

The use of information technology in the online transaction has boosted the ability of citizens to access justice. Equa platform also provides quick and affordable advise to the users of consumers. These system also form the basis for e-governance and e-commerce.

The use of ICT is also helpful in providing transparency in the judiciary by offering open access to the public and providing both general and specific information on its activities which will also assists to increase legitimacy of the justice delivery system.

The virtual dispute resolution is a combination of both information technology law and artificial intelligence applied to law.

The disputes have become international, complex, include multi party proceedings, mass claims whereas, the cost constraints remained critical and demand for speedy justice has increased. That is why the traditional ADR system without the use of ICT has become less effective for the resolution of disputes. The IT tools available at Equa platform have the ability to reduce time and cost radically and thereby maintaining a required level of access to justice for all.

There are many parties to the disputes. The technical player is considered as fifth party to the dispute which can help in resolution of dispute i.e. provider of dispute resolution services. The Equa is fifth party to the dispute resolution system.

It is possible that abilities of information processing tools will expend and need and demand for Nobel dispute resolution institutions will arise.

Due to increased use of information and communication technology, the need of online dispute resolution has also increased. It is believed that the ODR system will make delivery of justice speedier and more efficient.


Objectives

To critically analyze and compare the traditional dispute resolution system and ports system in the prospective of 21st century. To identify the area, scope and application of ODR system. To analyze the ODR mechanism and international level and application of the current practice in the Indian scenario.

The analyze whether ODR mechanism is compatible in present Indian legal setup. To find out the ways of application of ODR in the traditional offline dispute resolution system. The explore the need of ODR in India.

Publications

The Equa Publications

The researchers get their paper published.

Fellowship

The Equa Fellowship

If you interested in ADR or ODR, apply for fellowship so that you do not worry about the finances and focus on work, more.

Contact us.

Want to work with Equa Research Center.

Email to registrar@equa.law