Judicial Pronouncements
Introduction
The Courts have affirmed that cases can be resolved though Alternative Dispute Resolution in quick and convenient manner.
Indian Pronouncements
Tata Sons v. The Advanced Information Technology Association
Landmark cases such as Tata Sons v. The Advanced Information Technology Association and Maruti Udyog Limited v. Maruti Software Pvt. Ltd.[39] Wherein WIPO, the Arbitration and Mediation center was made the medium to solve the Domain name dispute.
State of Maharashtra v. Dr. Praful B. Desai
In State of Maharashtra v. Dr. Praful B. Desai Supreme Court held that video-conferencing could be resorted to for taking evidence of witnesses by stating that recording of evidence satisfies the object of Section 273 of the Code of Criminal Procedure that evidence be recorded in the presence of the accused.
Trimex
In Trimex, the Hon’ble Supreme Court held the online arbitration agreement is the most important document of arbitration and since parties do not meet personally but rather virtually, it is pertinent that the agreement clearly defines all particulars of dispute resolution mechanism. There must be meeting of minds and the agreement must be according to Section 7 of the Arbitration and Conciliation Act 1996.
Shakti Bhog Food Ltd. v. kola Shipping Ltd
In Shakti Bhog Food Ltd. v. kola Shipping Ltd., communication and acceptance by telex, telegram and other mode of communication has been accepted as valid mode of communication.
ADR: The Future
The Alternative Dispute Resolution is going to be the next beg thing. As the world is reinventing itself after the COVID-19, people are moving towards such methods especially the Online Dispute Resolution.