ODR Is The Future Of Global Dispute Resolution Says Visionary Praveen Dalal

Dispute resolution is a complicated, costly and time consuming process and it is not suitable for all disputes. Nevertheless, litigants have little choice regarding the same as alternative dispute resolution (ADR) methods like arbitration have proved equally time consuming and unproductive in India.

Technology can play a big role in ensuring access to justice and justice for all but there is a lack of political will to use the same. For instance, Perry4Law Organisation (P4LO) introduced online dispute resolution (ODR) in India in 2004 but Indian govt failed to adopt the model even in September 2022. Clearly, law and political will is always behind technological revolution.

We at P4LO and PTLB are working hard to make India a global ODR hub as ODR is the future of global dispute resolution says Visionary Praveen Dalal. ODR Portal of India is now world renowned in ODR and dispute resolution field and it is providing the most extensive techno legal ODR services in the world.

Filing a dispute resolution request at ODR Portal of P4LO and PTLB only takes 2 minutes and it is as simple as filing an online form. We have adopted a super simple and easy to use model so that end users do not find it difficult to use. On top of that, we provide 24×7 customer support using multiple and diverse methods.

National and international stakeholders must adopt a proactive approach towards ODR as it offers tremendous advantages and benefits. It seems they are waiting for something to happen before they would adopt ODR for their internal and external disputes resolution.

ODR Portal of India has been designed in such a manner that it can be used by almost all stakeholders. For instance, social media companies and Internet intermediaries can use the ODR Portal of P4LO and PTLB for handling and managing grievances, disputes and complaints in India and world wide. There is no need to reinvent the wheel when we have already put in place an entire vehicle for dispute resolution. Twitter, LinkedIn, Google, Facebook, WhatsApp, etc can easily manage their Internet intermediary due diligence and other legal requirements in India by simply using the ODR Portal of P4LO and PTLB.

We have almost two decades of techno legal experience in ODR field that no other ODR portal or institution of the world possess. That is why we are comfortably resolving grievances/disputes in fields like cyber law, cyber security, cloud computing, privacy violation, data breaches and data protection, artificial intelligence, machine learning, e-games, intellectual property rights violations, etc. It would be a good idea to incorporate the ODR model of P4LO and PTLB in your day to day business functioning.

Resolve Without Litigation Your Disputes From Any Part Of The World

Disputes are not desirable but yet they do happen in every walk of the life. We have many options to resolve these disputes and approaching a court is the last option. But for many people this is the first option and this is a wrong strategy on their part. By approaching the courts at the first place we are over burdening them unnecessarily when these disputes can be resolved outside the court. The over burdened courts  would have no choice but to give lengthy dates as there is no way a handful of judges in Indian courts can handle such impossible target.

This mindset is not a problem of ordinary people but our state governments and central government too. A big chunk of litigation in courts is from government departments. State governments and central govt are notorious for not only denying remedies to citizens at the first place but they also keep on appealing against adverse orders against them to higher courts. So not only original cases but also appeals from the adverse orders against state governments and central government are increasing burden upon Indian courts.

We at Perry4Law Techno Legal Base (PTLB) have been working in the fields like online dispute resolution (ODR) and e-courts since 2004. We have launched few techno legal fields in both ODR and e-courts fields. We understand the significance of alternative dispute resolution (ADR) very well. We also understand how technology can be used to strengthen ADR in India by converting traditional ADR into ODR.

ODR India Portal of Perry4Law Organisation (P4LO) and PTLB is the exclusive techno legal ODR Portal of the world. All the global stakeholders need to do is to use our ODR clause in their agreements. If both the parties agree, they can also use our ODR portal without any agreement if they agree to our ODR clause at any stage of the dispute. The process is simple and very effective.

Some of the unique features of our ODR portal are:

(1) Our ODR services are available throughout the world and even if parties to the dispute reside in different countries.

(2) It is not mandatory that the dispute must be an Indian dispute but any dispute in any part of the world can be resolved using our portal if the same can be resolved using mediation, conciliation, arbitration or ODR as per the laws of respective countries.

(3) Our ODR services can be used at any stage of the dispute even if there is no pre existing ODR clause. Such an ODR agreement can be formed by simply accepting our ODR clause by parties to the dispute.

(4) Parties to the dispute need not to move even out of their homes to avail our ODR services. So traveling expenses and traveling time is totally saved.

(5) All required documents can be shared with us through the online portal, secure e-mail, secured chats, etc. No cost for sending documents through post would be incurred.

(6) We are the only techno legal Institutionalised Arbitration Centre that is dealing in ODR world wide.

If any company or government department wishes to have training about how to best use our ODR services, we can also ensure the same.

If Indian government is serious about better access to justice and ensuring justice for all, we are more than happy to have a collaboration with it. We are also open to collaborations with foreign governments and international organisations if they have similar projects or wish to expand their existing dispute resolution capacities.

We may update this article with more information and details for the larger benefit of all. Please visit regularly this blog in general and our ODR portals in particular for latest developments of our projects.

Online Dispute Resolution (ODR) In India

Online Dispute Resolution (ODR) was started in India in the year 2004 by Perry4Law Organisation (P4LO) and it has been rejuvenated and improved from time to time since then.

Just like other techno legal projects and initiatives of P4LO, ODR also proved another initiative that was two decades ahead of its time. Even in 2022, Indian govt has not been able to effectively use ODR for various purposes.

But ODR Portal of India is still there in 2022 to handle disputes of global stakeholders. It is the most extensive ODR Portal of the world as it covers both traditional and contemporary legal fields for dispute resolution.

From simple family matters to complicated techno legal issues of cyberspace, ODR Portal of India handles all sorts of disputes globally. We would cover each branch of dispute resolution separately but for the time being it is sufficient to say that ODR India Portal is the best possible alternative for traditional courts around the world.

For instance, ODR India is the only portal of the world that can be used by social media websites and their users alike. The social media websites can use the ODR India Portal for resolving disputes and grievances of their users whereas the users can use the ODR India Portal for lodging grievances and disputes and getting them resolved within 3 months.

It is a win-win situation for both social media companies and their users and our two decades of techno legal expertise would ensure justice for all.

It is a common misbelief that ODR needs shiny and sophisticated technologies to operate. This is not true and we at P4LO and ODR India Portal have proved this wrong many times. Even a simple e-mail exchange can be used to resolve disputes online.

We always use open source and simple technologies so that end users can use it with comfort. Filing an ODR dispute at the ODR India Portal hardly takes two minutes and it is as simple as filing an online form. We also provide 24×7 support to our users so that any issue can be resolved as soon as possible.

Think about a global portal that can be used by global stakeholders for almost all sorts of disputes and that are resolved within 3 months of institution of the complaint/grievance/dispute. This is the gift of P4LO to the whole world.

UK Inheritance Tax Planning For UK And Non-UK Residents And Expats

Inheritance law of UK is complicated in nature as in involves conflict of laws (Domicile), situs of the property (UK situated ones) and presumed legal fiction like deemed domicile. It is very difficult to manage all these issues simultaneously especially if other jurisdictions are also involved. Perry4Law Law Firm has been helping international clients in foreign jurisdictions in conflict of law fields for long.

As far as UK is concerned, its inheritance tax should be carefully managed as any single factor is enough to attract inheritance tax in UK. An individual may be liable to pay the inheritance tax even if he is not domiciled in UK as long as the property in question is situated in UK. Similarly, even if the property in question is located in foreign jurisdiction(s), still inheritance law of UK may be applicable if the individual is either domiciled or deemed domiciled in UK. His global properties shall be amenable to inheritance tax in UK.

While handling the cases of our clients from UK and other foreign jurisdictions, we observed that most of them failed to do proper tax planning at the initial stages were much difference can be made. Perry4Law strongly recommends that individuals should engage in tax planning as soon as possible as the consequences of not doing so at the right time can be very costly. On death, UK inheritance tax (IHT) is at a rate of 40%.

IHT is a tax on money or assets held at death and on gifts made during a lifetime when those gifts were made less than 7 years prior to death. However, each individual has an inheritance tax exemption of £325,000. In the case of a married couple this exemption can be passed onto a surviving spouse and after their death, the estate will enjoy a £650,000 tax free exemption.

Gifts made more than seven years prior to death, without the retention of a benefit (such as continuing to live in a gifted property rent free), shall be excluded from the deceased’s estate. Generally, any gifts made within seven years will form part of the estate. However, there are certain gift allowances that can be used year on year, where the seven-year rule is not applicable.

As stated earlier, the UK inheritance rules are largely made applicable based upon a person’s domicile. Such a domicile may be domicile of origin, domicile of choice or domicile by operation of law (like deemed domicile). Due to domicile, there may also be wealth/estate/inheritance tax liabilities in other jurisdictions. Therefore, expert advice should be taken in any jurisdiction where taxes might be chargeable.

The non-UK assets can be managed through a non-UK resident discretionary trust, before acquiring either a UK domicile by choice or through deemed domicile. This would exclude those assets from the UK estate for UK inheritance tax purposes. Following a person’s death, the trustees could distribute the trust assets to the beneficiaries; achieving the same results as a will but passing on the assets free from inheritance tax liability.

It is crucial for both UK and non-UK tax residents to take good legal advice at the earliest and it should be reviewed regularly to accommodate for any changes in the law and/or family circumstances.

Commission On Taxation And Welfare Of Ireland Recommends Increased Inheritance Tax

Taxation system of Ireland is all set for complete overhaul as the Commission on Taxation and Welfare has proposed increasing taxes on wealth, property and inheritance. The commission’s report is due to be published on Wednesday.

It has recommended that there should be a “substantial” reduction in the amount of money parents can leave to their children tax-free. However, public outcry is expected as this is a controversial recommendation to say the least.

Under Capital Acquisition Tax (CAT) rules, a child can inherit €335,000 from their parents before they have to pay tax at 33%. Back in 2009, a child could inherit or be gifted €542,544 from their parents before having to pay tax, with the rate at the time being 22%.

The commission does not put a figure on what the tax-free threshold should be, other than saying the reduction in the threshold should be “substantial”. The tax-free threshold is €32,500 for other close relatives, and €16,250 for more distant relatives or friends. The recommendation is that the ‘group A’ threshold, for a child of €335,000, should come down to nearer these other two thresholds over time.

The commission is not calling for any of its recommendations to be in this month’s Budget, but rather it wants its recommendations implemented over a 10 to 15-year period.

In the past the govt has defended the size of the tax-free threshold for children. It has argued that as the family home is the main item making up an estate, a lower threshold would force children inheriting one from a parent to sell the home to meet the tax liability.

Relentless house price inflation has led to increasing numbers of families, particularly in Dublin, facing big CAT bills because the homes they are inheriting are worth far more than the tax-free threshold of €335,000. A big reduction in the tax-free threshold would be particularly problematic in south Dublin where houses often sell for €1m-plus.

The commission also recommends that the level of agriculture and business relief from CAT tax should be changed. Under this relief, the market value of a qualifying property or farm is reduced by 90% when calculating the tax on a gift or inheritance. The commission wants this reduced to 80%, arguing that such a change would still exclude the majority of farms from the tax.

The commission has also suggested imposition of a “modest charge” if a parent gifts a child more than €3,000 a year. What is known as the small gift exemption under the CAT regime, it allows a parent to gift up to €3,000 a year to a child without them having to pay the tax at 33%. A child with two parents can get €3,000 from each a year, tax free. Amounts over €3,000 count off a child’s life-time tax-free threshold of €335,000.

It is argued that this will help tackle tax avoidance and ensure Revenue has a better record of wealth transfers.

The broad thrust of the 100 recommendations in the report concern property and wealth taxes and on the taxing on goods that pollute, rather than on income taxes.

Wealth, Property And Inheritance Taxes May Be Raised In Ireland Soon

The commission on tax and welfare of Ireland has supported increased tax rates for wealth, property and inheritance fields. This aims to ensure a shake-up of the taxation system of Ireland. The commission has submitted its report to the Department of Finance and it recommends that the take from wealth and capital taxes should “increase materially” as a proportion of tax revenues. The report is set to be published soon.

The report considers property, land, capital gains and capital acquisitions (which taxes inheritance) as the potential source of revenue for the govt.

If adopted, the policies could represent a significant reorientation of the system towards taxing selective wealth rather than focusing more on income. Selective wealth taxes are also likely to include income from shares and money on deposit.

Higher and more extensive property taxes, which would be a typical tax on wealth, were recommended by the commission in the past. This would include a site value tax aimed at capturing the value in land assets that are held predominantly by the wealthiest 10 per cent of households.

However, a full-scale wealth tax, which is generally levied on net household wealth, has not been proposed. Instead, it has proposed targeted taxes on certain income streams which contribute to individual wealth.

It was established last year to “review how best the taxation and welfare system can support economic activity and income redistribution” while promoting employment and prosperity in a “resilient, inclusive and sustainable way”.

Inheritance Tax (IHT) Law, Liabilities And Tax Planning In UK

In simple terms, Inheritance Tax (IHT) is a tax on the estate/properties (both movable and immovable) of an individual having UK connections (like domicile/citizenship). However, liability to pay Inheritance Tax does not arise if:

(a) the value of estate in question is below the £325,000 threshold, or

(b) the concerned person leaves everything above the £325,000 threshold to his/her spouse, civil partner, a charity or a community amateur sports club.

While citizenship and residence are pretty straightforward concepts yet domicile is a private international law/conflict of laws concept and requires expert handling.

If the concerned individual gives away his/her home to his/her children (including adopted, foster or stepchildren) or grandchildren, the threshold would increase to £500,000.

If an individual is married or is in a civil partnership and his/her estate is worth less than his/her threshold, any unused threshold can be added to his/her partner’s threshold when he/she dies.

The standard Inheritance Tax rate is 40% and it is only charged on the part of the estate that is above the threshold. The estate can pay Inheritance Tax at a reduced rate of 36% on some assets if an individual leaves 10% or more of the ‘net value’ to charity in his/her will. The net value is the estate’s total value minus any debts.

Some gifts that an individual gives while he/she is alive may be taxed after his/her death. People that an individual gives gifts to might have to pay Inheritance Tax, but only if he/she gives away more than £325,000 and die within 7 years. Depending on when he/she gave the gift, the Inheritance Tax rate on the gift would be less than 40%.

Other reliefs, such as Business Relief, allow some assets to be passed on free of Inheritance Tax or with a reduced bill. If the estate includes a farm or woodland, Agricultural Relief can be claimed.

Funds from the estate are used to pay Inheritance Tax to HM Revenue and Customs (HMRC). This is done by the person dealing with the estate (called the ‘executor’, if there’s a will). Beneficiaries (people who inherit the estate) do not normally pay tax on estates/properties they inherit, excpet in few exceptional cases.

Beneficiaries may have related taxes to pay, for example if they get rental income from a house left to them in a will or they receive dividend for shares inherited by them.

Laws Of Domicile In India

Laws of domicile are scattered in India and are shaped by different laws and judicial precedents. This has made the concept of domicile technical and complicated, especially when conflict of laws or private international law is involved. For almost two decades, this masterpiece by Visionary Praveen Dalal has guided national and international clients of Perry4Law and global stakeholders in resolving their domicile related legal issues. Domicile is also relevant for conflict of laws purposes, so we are starting with this work that has been most widely and actively used in India and other jurisdiction since its publication in 2004.

I. Introduction

Domicile which is a private international law or conflict of laws concept identifies a person, in cases having a foreign element, with a territory subject to a single system of law, which is regarded as his personal law. A person is domiciled in the country in which he is considered to have his permanent home. His domicile is of the whole country, being governed by common rules of law, and not confined to a part of it. No one can be without a domicile and no one can have two domiciles. A domicile of origin is attributed to every person at birth by operation of law. This domicile is not decided by his place of birth or by the place of residence of his father or mother, but by the domicile of the appropriate parent at the time of his birth, according as he is legitimate or illegitimate. It is possible for the domicile of origin to be transmitted through several generations no member of which has ever resided for any length of time in the country of the domicile of origin. When a person is referred to as domiciled in a country, the expression ‘country’ is used in private international law as a term of art denoting, in the words of dicey, the whole of a territory subject under one sovereign to one body of law. But in a federation like the United States, Australia, or Canada, or in a composite State like the United Kingdom, different systems of law may prevail in different regions in respect of certain matters. In such cases, each of the territories governed by a separate system of law is treated, for the purpose of private international law, as a ‘country’, though in public international law or constitutional law it is not a separate sovereign State. This is, however, not the position in India. Though a Union of States, and a federation in that sense, the whole country is governed by a single unified system of law, with a unified system of judicial administration, notwithstanding the constitutional distribution of legislative powers between the Centre and the States. There is no State-wise domicile within the territory of India. A man who is domiciled in India is domiciled in every State in India and identified with a territorial system of legal rules pervading throughout the country. He is ‘domiciled’ in the whole of this country, even though his permanent home may be located in a particular spot within it . Thus, the concept of “domicile” varies from country to country and from jurisdiction to jurisdiction.

II. Domicile vs Residence

The word “domicile” should not be confused with a simple “residence”. The residence is a physical fact and no volition is needed to establish it. The animus manendi is not an essential requirement of residence, unlike in the case of a domicile of choice. Thus, any period of physical presence, however short, may constitute residence provided it is not transitory, fleeting or casual. The intention is not relevant to prove the physical fact of residence except to the extent of showing that it is not a mere fleeting or transitory existence To insist on an element of volition is to confuse the features of ‘residence’ with those of ‘domicile’. A person is ordinarily resident in a country if his residence there is not casual or uncertain, but is in the ordinary course of his life. A man may be ordinarily resident or habitually resident in more than one place. While ‘ordinary residence’ is the physical residence in regard to which intention is irrelevant, except to show that the residence is not merely fleeting, ‘habitual residence’ may denote a quality of endurance longer than ordinary residence, although duration, past or prospective, is only one of the many relevant factors, and there is no requirement of any particular minimum period. If a person resided there for the specific and limited purpose of education, he was ordinarily resident in that country, even if his permanent residence or real home was outside that country or his future intention or expectation was to live outside that country. The education, business, profession, employment, health, family, or merely love of the place are some of the reasons commonly regarded as sufficient for a choice of regular abode. It is only lawful residence that can be taken into account. If a man stays in a country in breach of immigration laws, his presence there does not constitute ordinary residence. While residence and intention are the two essential elements constituting the ‘domicile of choice’ residence in its own right is a connecting factor in a national legal system for purposes of taxation, jurisdiction, service of summons, voting etc.

III. Importance Of Domicile

The determination of domicile of an individual has a great legal significance. It helps in identifying the personal law by which an individual is governed in respect of various matters such as the essential validity of a marriage, the effect of marriage on the proprietary rights of husband and wife, jurisdiction in divorce and nullity of marriage, illegitimacy, legitimisation and adoption and testamentary and intestate succession to moveables. The domicile is the legal relationship between an individual and a territory with a distinctive legal system, which invokes that system as his personal law. It is well settled that the domicile of a person is in that country in which he either has or is deemed by law to have his permanent home. The notion, which lies at the root of the concept of domicile, is that of permanent home. But it is basically a legal concept for the purpose of determining what is the personal law applicable to an individual and even if an individual has no permanent home, he is invested with a domicile by law. There are two main classes of domicile: domicile of origin that is communicated by operation of law to each person at birth, that is the domicile of his father or his mother according as he is legitimate or illegitimate and domicile of choice which every person or full age is free to acquire in substitution for that which he presently possesses. The domicile of origin attaches to an individual by birth while the domicile of choice is acquired by residence in a territory subject to a distinctive legal system, with the intention to reside there permanently or indefinitely. Each person who has, or whom the law deems to have, his permanent home within the territorial limits of a single system of law is domiciled in the country over which the system extends; and he is domiciled in the whole of that country even though his home may be fixed at a particular spot within it. In federal states some branches of law are within the competence of the federal authorities and for these purposes the whole federation will be subject to a single system of law and an individual may be spoken of as domiciled in the federation as a whole; other branches of law are within the competence of the states or provinces of the federation and the individual will be domiciled in one state or province only. The Constitution recognises only one domicile, namely, domicile in India. Art. 5 of the Constitution is clear and explicit on this point and it refers only to one domicile, namely, “domicile in the territory of India. “The legal system, which prevails throughout the territory of India, is one single indivisible system. It would be absurd to suggest that the Legal system varies from State to State or that the legal system of a State is different from the legal system of the Union of India, merely because with respect to the subjects within their legislative competence, the States have power to make laws. The concept of ‘domicile’ has no relevance to the applicability of municipal laws, whether made by the Union of India or by the States. It would not, therefore, be right to say that a citizen of India is domiciled in one state or another forming part of the Union of India. The domicile, which he has, is only one domicile, namely, domicile in the territory of India. When a person who is permanently resident in one State goes to another State with intention to reside there permanently or indefinitely, his domicile does not undergo any change: he does not acquire a new domicile of choice. His domicile remains the same, namely, Indian domicile. Moreover to think in terms of state domicile with be highly detrimental to the concept of unity and integrity of India.

IV. Types Of Domicile

The law of domicile in India can be traced under the Indian Succession Act, 1925. The domicile under the provisions of the Act can be classified under the following categories:

(i) Domicile of origin,

(ii) Domicile of choice, and

(iii) Domicile by operation of law.

(i) Domicile Of Origin: Every person must have a personal law, and accordingly every one must have a domicile. He receives at birth a domicile of origin, which remains his domicile, wherever he goes, unless and until he acquires a new domicile. The new domicile, acquired subsequently, is generally called a domicile of choice. The domicile of origin is received by operation of law at birth and for acquisition of a domicile of choice one of the necessary conditions is the intention to remain there permanently. The domicile of origin is retained and cannot be divested until the acquisition of the domicile of choice. By merely leaving his country, even permanently, one will not, in the eye of law, lose his domicile until he acquires a new one. This proposition that the domicile of origin is retained until the acquisition of a domicile of choice is well established and does not admit of any exception.

(ii) Domicile Of Choice: The domicile of origin continues until he acquires a domicile of choice in another country. Upon abandonment of a domicile of choice, he may acquire a new domicile of choice, or his domicile of origin, which remained in abeyance, revives. The burden of proving a change of domicile is on him who asserts it. The domicile of origin is more tenacious. “Its character is more enduring, its hold stronger and less easily shaken off. The burden of proving that a domicile of origin is abandoned is needed much heavier than in the case of a domicile of choice. No domicile of choice can be acquired by entering a country illegally. The domicile of choice is a combination of residence and intention. Residence, which is a physical fact, means bodily presence as an inhabitant. Such residence must be combined with intention to reside permanently or for an unlimited time in a country. It is such intention coupled with residence that acquires him a new domicile. It is immaterial for this purpose that the residence is for a short duration, provided it is coupled with the requisite state of the mind, namely the intention to reside there permanently. If a man intends to return to the land of his birth upon a clearly foreseen and reasonably anticipated contingency, such as, the end of his studies, he lacks the intention required by law. His tastes, habits, conduct, actions, ambitions, health, hopes, and projects are keys to his intention. That place is properly the domicile of a person in which he has voluntarily fixed the habitation of himself and his family, not for a mere special and temporary purpose, but with a present intention of making it his permanent home, unless and until something (which is unexpected or the happening of which is uncertain) shall occur to induce him to adopt some other permanent home. The only intention required for a proof of a change of domicile is an intention of permanent residence. What is required to be established is that the person who is alleged to have changed his domicile of origin has voluntarily fixed the habitation of himself and his family in, the, new country, not for a mere special or temporary purpose, but with a present intention of making it his permanent home. On the question of domicile at a particular time the course of his conduct and the facts and circumstances before and after that time are relevant.

(c) Domicile By Operation Of Law. (Married women’s domicile): The rules of Private International Law in India are not codified and are scattered in different enactments such as the Civil Procedure Code, the Contract Act, the Indian Succession Act, the Indian Divorce Act, and the Special Marriage Act etc. In addition, some rules have also been evolved by judicial decisions. In matters of status or legal capacity of natural persons, matrimonial disputes, custody of children, adoption, testamentary and intestate succession etc. the problem in this country is complicated by the fact that there exist different personal laws and no uniform rule can be laid down for all citizens. The distinction between matters which concern personal and family affairs and those which concern commercial relationships, civil wrongs etc. is well recognised in other countries and legal systems. The law in the former area tends to be primarily determined and influenced by social, moral and religious considerations, and public policy plays a special and important role in shaping it. Hence, in almost all the countries the jurisdictional, procedural and substantive rules that are applied to disputes arising in this area are significantly different from those applied to claims in other areas. That is as it ought to be. For, no country can afford to sacrifice its internal unity, stability and tranquility for the sake of uniformity of rules and comity of nations which considerations are important and appropriate to facilitate international trade, commerce, industry, communication, transport, exchange of services, technology, manpower etc. This glaring Tact of national life has been recognised both by the Hague Convention of 1968 on the Recognition of Divorce and Legal Separations as well as by the Judgments Convention of the European Community of the same year. Article 10 of the Hague Convention expressly provides that the contracting States may refuse to recognise a divorce or legal separation if such recognition is manifestly incompatible with their public policy. The Judgments Convention of the European Community expressly excludes from its scope (a) status or legal capacity of natural persons, (b) rights in property arising out of a matrimonial relationship, (c) wills and succession, (d) social security, and (e) bankruptcy. A separate convention was contemplated for the last of the subjects. We cannot also lose sight of the fact that today more than ever in the past; the need for definitive rules for recognition of foreign judgments in personal and family matters, and particularly in matrimonial disputes has surged to the surface. Many a man and woman of this land with different personal laws have migrated and are migrating to different countries either to make their permanent abode there or for temporary residence. Likewise there is also immigration of the nationals of other countries. The advancement in communication and transportation has also made it easier for individuals to hop from one country to another. It is also not unusual to come across cases where citizens of this count ry have been contracting marriages either in this country or abroad with nationals of the other countries or among themselves, or having married here, either both or one of them migrate to other countries. There are also cases where parties having married here have been either domiciled or residing separately in different foreign countries. This migration, temporary or permanent, has also been giving rise to various kinds of matrimonial disputes destroying in its turn the family and its peace. A large number of foreign decrees in matrimonial matters are becoming the order of the day. The jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where the matrimonial action is filed in the forum where the respondent is domiciled or habitually and permanently resides and the relief is granted on a ground available in the matrimonial law under which the parties are married; (ii) where the respondent voluntarily and effectively submits to the jurisdiction of the forum as discussed above and contests the claim which is based on a ground available under the matrimonial law under which the parties are married; (iii) where the respondent consents to the grant of the relief although the jurisdiction of the forum is not in accordance with the provisions of the matrimonial law of the parties. The aforesaid rule with its stated exceptions has the merit of being just and equitable. It does no injustice to any of the parties. The parties do and ought to know their rights and obligations when they marry under a particular law. They cannot be heard to make a grievance about it later or allowed to bypass it by subterfuges as in the present case. The rule also has an advantage of rescuing the institution of marriage from the uncertain maze of the rules of the Private International Law of the different countries with regard to jurisdiction and merits based variously on domicile, nationality, residence — permanent or temporary or ad hoc, forum, proper law etc. and ensuring certainty in the most vital field of national life and conformity with public policy. The rule further takes account of the needs of modern life and makes due allowance to accommodate them. Above all, it gives protection to women, the most vulnerable section of our society, whatever the strata to which they may belong. In particular it frees them from the bondage of the tyrannical and servile rule that wife’s domicile follows that of her husband and that it is the husband’s domiciliary law, which determines the jurisdiction and judges the merits of the case.

V. Judicial Response

In Dr.Pradeep Jain v U.O.I the Supreme Court observed: “The entire country is taken as one nation with one citizenship and every effort of the Constitution makers is directed towards emphasizing, maintaining and preserving the unity and integrity of the nation. Now if India is one nation and there is only one citizenship, namely, citizenship of India, and every citizen has a right to move freely throughout the territory of India and to reside and settle in any part of India, irrespective of the place where he is born or the language which he speaks or the religion which he professes and he is guaranteed freedom of trade, commerce and intercourse throughout the territory of India and is entitled to equality before the law and equal protection of the law with other citizens in every part of the territory of India, it is difficult to see how a citizen having his permanent home in Tamil Nadu or speaking Tamil language can be regarded as an outsider in Uttar Pradesh or a citizen having his permanent home in Maharashtra or speaking Marathi language be regarded as an outsider in Karnataka. He must be held entitled to the same rights as a citizen having his permanent home in Uttar Pradesh or Karnataka, as the case may be. To regard him as an outsider would be to deny him his constitutional rights and to derecognise the essent ial unity and integrity of the country by treating it as if it were a mere conglomeration of independent States”.

In Dr.Yogesh Bhardwaj v State of U.P the Supreme Court observed: “Domicile’, being a private international law concept, is inapposite to the relevant provisions, having no foreign element, i.e., having no contact with any system of law other than Indian, unless that expression is understood in a less technical sense. An expression, which has acquired a special and technical connotation, and developed as a rule of choice or connecting factor amongst the competing diverse legal systems as to the choice of law or forum, is, when employed out of context, in situations having no contact with any foreign system of law, apt to cloud the intended import of the statutory instrument.In Mr. Louis De Raedt v U.O.I the Supreme Court observed: “For the acquisition of a domicile of choice, it must be shown that the person concerned had a certain State of mind, the animus manendi. If he claims that he acquired a new domicile at a particular time, he must prove that he had formed the intention of making his permanent home in the country of residence and of continuing to reside there permanently. Residence alone, unaccompanied by this state of mind, is insufficient. The burden to prove that the petitioners had an intention to stay permanently in India lies on them. The fundamental right of the foreigner is confined to Article 21 for life and liberty and does not include the right to reside and settle in this country, as mentioned in Article 19(1)(e), which is applicable only to the citizens of this country. The power of the Government in India to expel foreigners is absolute and unlimited and there is no provision in the Constitution fettering this discretion. The legal position on this aspect is not uniform in all the countries but so far the law that operates in India is concerned, the Executive Government has unrestricted right to expel a foreigner”.

In Y. Narasimha Rao V Y. Venkata Lakshmi the Supreme Court observed: “As pointed out above, the present decree dissolving the marriage passed by the foreign court is without jurisdiction according to the Act as neither the marriage was celebrated nor the parties last resided together nor the respondent resided within the jurisdiction of that court. The decree is also passed on a ground that is not available under the Act, which is applicable to the marriage. What is further, the decree has been obtained by appellant 1 by stating that he was the resident of the Missouri State when the record shows that he was only a bird of passage there and was ordinarily a resident of the State of Louisiana. He had, if at all, only technically satisfied the requirement of residence of 90 days with the only purpose of obtaining the divorce. He was neither domiciled in that State nor had he an intention to make it his home. He had also no substantial connection with the forum”.

VI. Conclusion

The law of domicile in India is crystal clear and is free from any ambiguities. The same is important for resolving the “conflict of laws” in India. There seems to be an ignorance of the concept in its true perspective in India. There is an urgent need to spread “public awareness” in this regard.

© Praveen Dalal, CEO Perry4Law, PTLB and PTLITC. All rights reserved with the author.

Use Of ODR For E-Commerce Dispute Resolution In India

India is fast becoming a good market for e-commerce and online business. However, India is also facing many techno legal challenges that need to be resolved on priority basis. For instance, consumer protection in India is very poor and e-commerce portals are a big ground for consumer disputes in India.

Dispute resolution at e-commerce portals, whether govt or private, is not at all satisfactory. These portals are manned by inexperienced and inefficient people and as a result consumer disputes are rarely resolved to the satisfaction of the consumers and customers in India.

Customer support and grievance redressal officials of these e-commerce portals are not even in a position to understand the problems of Indian consumers and customers and their actual redressal is a big challenge. Defective and fake products, poor delivery infrastructure, bad refund policies, untimely payment of the refund amounts or wrongfully charged money, etc are some of the common problems in India.

E-commerce portals in India are also internet intermediaries as per the provisions of Information Technology Act, 2000 that is the cyber law of India. As internet intermediaries, e-commerce portals are required to appoint grievance redressal and nodal officers in India to handle consumer and customer complaints and grievances. Anybody who has dealt with these appointed individuals can tell you that these appointments are just formality to satisfy the mandates of IT Act, 2000 and its Rules so that these portals are not punished.

So far the e-commerce portals, internet intermediaries and social media portals have taken both Indian laws and Indian govt very lightly. A consumer who has faced any hardship does not get any relief either at the portal or at the govt offices. Such a consumer or customer is at the mercy of traditional justice delivery systems that are time consuming, costly and ineffective.

But ODR India Portal of Visionary Praveen Dalal has digitally empowered Indian consumers and customers in a manner that no other person, institution or even Indian govt can match. Both e-commerce portals and their customers can use the portal to resolve their grievances, disputes and complaints. We resolve all disputes, complaints and grievances within a maximum period of 3 month and at very affordable cost.

The entire dispute resolution process is online and it hardly takes 2 minute to lodge a grievance, dispute or complaint at the ODR India Portal. We manage all documentation and formalities after the initial filing and we guide the parties to the dispute at every stage. We resolve all disputes as soon as possible and within a maximum period of 3 month. In exceptional cases and to meet the end of justice, we extend that period for another 2 month after recording the reason to do so in writing.

E-commerce stakeholders can use the ODR India Portal in multiple ways. Firstly, our partner e-commerce portals can directly and effectively use the ODR India Portal by simply making the ODR Portal a primary dispute resolution mechanism. ODR India Portal can also supplement the existing dispute resolution mechanism of our partner e-commerce portals and can act as an impartial appellate authority for its decisions. This would ensure justice and fairness for all e-commerce stakeholders in India.

Secondly, e-commerce stakeholders can use the ODR Clause of ODR India Portal any time and this would trigger the dispute resolution process of ODR India Portal. They can use multiple methods to activate that ODR Clause and we have provided many options to the e-commerce stakeholders to do so.

Thirdly, Consumer Protection in India has been super charged by ODR India Portal by ensuring their digital empowerment. Even if the e-commerce portal is not willing to be judged by the best techno legal professionals and experts of ODR India Portal, this does not forbid us from initiating the process. All that is needed is filing of a grievance, complaint or dispute by the aggrieved consumer or customer and ODR India Portal would start the process and coordinate with the e-commerce portal. This would resolve the issues in almost all cases.

Fourthly, there is nothing that forbids us to take up your issue and matter with the concerned e-commerce portal on the legal and judicial sides. We would use the laws of India to ensure appropriate remedy and justice to the aggrieved customer or consumer of e-commerce portals. We can send legal notices, provide legal consultancies, extend TeleLaw support, file a court case, coordinate with other lawyers to file a case on your behalf, etc. So there are unlimited options available to the aggrieved consumer or customer under the ODR India Portal.

We have extraordinary presence upon Twitter in order to ensure Access To Justice (A2J) and Justice For All and we do not take civil liberties and rights violations lightly. E-commerce portals, internet intermediaries, social media portals, etc found guilty of violating Indian laws or rights of Indians would be confronted by us at Twitter as well.

We believe in a responsible, accountable and transparent e-commerce environment and ecosystem in India and ODR India Portal would be its foundation. Let us together make India a global hub for e-commerce and online services.

ODR Is Finally Getting Acceptance In India Due To Incessant Efforts of Visionary Praveen Dalal

Any good concept and innovation needs support of all stakeholders to become effective and usable. When the political will is missing, many good concepts and tools are ignored and their benefits cannot be availed of by general public. One such concept is Online Dispute Resolution (ODR) that was launched in India by Visionary Praveen Dalal in 2004. it was clearly ahead of its time and was accompanied with other revolutionary concepts like e-courts, TeleLaw, etc. It took more than 17 years for political parties like Congress, BJP, etc, bureaucrats and Indian judiciary to recognise and accept use of ODR in India. That is a sad reality of India but this never discouraged Perry4Law Organisation (P4LO) and Visionary Praveen Dalal to continue to use and recommend use of ODR in India. Now in the year 2022 we have seen that ODR has been adopted by few stakeholders in India.

It seems the main reason behind avoidance of use of ODR in India is poor technology knowledge and illiteracy among our politicians. If our politicians cannot even respond back to e-mails and are complete failure in e-delivery of services field, expecting them to understand and implement ODR is far fetched. But Startups of P4LO like TeleLaw, PTLB Projects, etc continued to press for use, adoption and implementation of ODR in India despite adverse and hostile conditions in India. These conditions are still adverse and hostile as mere formulation of policy is not enough unless it is actually implemented. Whether we like it or not, Indian govt is still not capable of implementing a full fledged ODR system and it discourages private initiatives and innovations.

A big myth associated with any tech project is that we must use shiny technologies like artificial intelligence, machine learning, etc for tech projects. This is absolutely rubbish and false and simple and open source tools can be more effectively used for launch and maintenance of all tech projects. All our projects are based upon simple open source software and tools as they are more secure, decentralised and civil liberties compliant. We tested artificial intelligence, machine learning, blockchain, encryption, cyber security, cyber forensic, cyber crime investigation, e-discovery, cloud computing and many more technologies and we are familiar with their use and implementation. With almost two decades of techno legal experience, we can safely say that use simple, but elegant, open source tools for projects like ODR, e-courts, TeleLaw, etc. This is equally applicable to other technology projects too.

We always walk the talk and that is why our ODR Portal is based upon open source software. It is simple, elegant, secure and very easy to use. It has comprehensive guidance in the form of FAQs and is equipped with chat, video conferencing and other features. Our e-mail is available 24x7x365 and you can leave your message anytime and we always revert back with most appropriate solution or suggestion.

We believe in collective growth and that is why empanelment options are also available for individuals, companies, firms, association of person, etc. We also develop skills of various professionals if they are interested in ODR career. We have also launched the exclusive techno legal social media and professional networking portal of the world for ODR professionals. At ODR Connect the best ODR brains of the world are participating for development and implementation of ODR at global level. There are many more features of ODR Portal that would be disclosed by us in due course of time.

The year 2022 would be a landmark one for ODR worldwide and P4LO and its startups have already given India an advantage in this regard. Any smart government would encash upon this opportunity and work in association with P4LO and ODR India to make India a hub for techno legal ODR services.

How To Enroll As An ODR Panelist And Expert For ODR Portal Of ODR India

Online dispute resolution (ODR) has finally found acceptance at global level but we still need many ODR experts at national and global levels. We need to train professionals to become good ODR experts so that ODR can be widely used at global level. There may be ADR professionals who are already well versed in ODR but they may be needing training and skills development too. This is so because contemporary and future legal fields have drastically changed and more technology oriented changes are expected in near future. We at PTLB and ODR India take care of ODR training and skills development needs of global stakeholders and professionals using our online training and skills development portals.

We at ODR India intend to make India a hub for Institutionalised Arbitration and Institutionalised ODR destination and we have been continuously working in this regard, We have also created the exclusive and dedicate social media portal of the world for ODR professionals and ODR stakeholders named ODR India Connect so that we can better manage all investment and collaborative proposals and initiatives.

ODR India is currently in talks with national and international organisations to facilitate and encourage use of technology dispute resolutions and ODR in India and world wide. ODR India is looking forward to active national and international collaborations in this regard.We would be needing a team of ODR experts in diverse techno legal fields. This is the reason why we have started an ODR empanellment drive where professionals from different fields can apply to act as ODR Experts at ODR India portal.

Before seeking enrollment at ODR Portal as an ODR Expert, please note that we are not aiming for something that is basic as with almost 20 years of unique techno legal experience that would not be the right strategy. If you are a 21st century lawyer or professional, you are the right person for this job. We believe that our present and future ODR Experts would also agree with us on this point.

Arbitrators, Lawyers, Mediators, Conciliators, ODR experts, Neutrals, etc that wish to work in association with ODR India and PTLB may empanel with us. Interested professionals must download the relevant form and submit it to ODR India with prescribed fees. The empanelment would be for minimum of one year (1) and maximum of five (5) years. The empanelment may be renewed at the discretion of ODR India and PTLB. The requisite Performa for Individuals can be downloaded from “Here” (Doc). The Firms, Companies, Institutions, etc can download the Performa from “Here” (Doc).

Please note that we maintain a “Seniority List” of our Panelists based on the first year of enrollment with us. We may only be able to accomodate limited number of Panelists for our present ODR India project. We would close the empanellment procedure once required number of Panelists are enrolled. Senior Panelists have certain advantages as compared to junior members that would be discussed by us in our subsequent posts.

We welcome all who are eligible to join our portal and wish all the best to those who may be eligible in future as no ODR professional would be left by us ultimately. We would accomodate them in another ODR project of PTLB in future. We can also train you to become an ODR Expert at ODR India portal. Enroll as an ODR Expert and we would provide you with free online training and skills development to make you a techno legal ODR Expert.

We hope this article would be helpful to all national and international ADR/ODR professionals who are interested in joining our portal as ODR Experts. If you have any query or suggestion, please feel free to contact us.

Thanks for your interest in our ODR projects.

Internet Intermediary Statutory Compliance Using ODR Portal Of Perry4Law

Most of the companies that are providing online services, including search engines, e-commerce websites,social media websites, etc are Internet intermediaries as per the Information Technology Act, 2000 (IT Act 2000) and its corresponding rules. Recently, Internet Intermediary Rules, 2021 (Pdf) were formulated by Indian government and this significantly increased the cyber law due diligence obligations of Internet intermediaries operating in India or having an Indian connection through Indian user base.

Most of the Internet intermediaries have complied with the requirement of 2021 rules on papers and their actual implementation is yet to be seen. The 2021 rules have put onerous statutory obligations upon Internet intermediaries and significant Internet intermediaries and so far no Internet intermediary or significant Internet intermediary seems to have complied with those statutory requirements.

Handling of complaints or/and grievances of the users or consumers of these Internet intermediaries is the biggest challenge that very few Internet intermediaries would be able to manage in the long run. Even the significant Internet intermediaries are finding it really tough to manage these statutory compliance despite having sufficient resources and manpower. This is so because these Internet intermediaries or significant Internet intermediaries have to establish a sound online dispute resolution (ODR) mechanism with full transparency and accountability and that is a gigantic task to manage.

We at Perry4Law Organisation (P4LO) can help all Internet intermediaries or significant Internet intermediaries in India in this regard and regarding managing their global techno legal compliance requirements. We have two decades of experience in the field of ODR and dispute resolution using both simple and sophisticated tools, online mediums and portals, software, etc. We have already helped thousands of people in resolving their disputes using our ODR portals from time to time. By combining our two decades of techno legal experience with the ODR experience of P4LO, we have launched a new ODR Portal that is the exclusive techno legal ODR Portal of the world. Among other traditional fields like civil disputes, cheque bouncing cases, family matters, property disputes, etc we are also handling contemporary fields. These include artificial intelligence, machine learning, space law, cyber law, cyber security, intellectual property rights, international trade, e-commerce, cypto currencies, etc. The list is just indicative and stakeholders can resolve their global disputes of almost every type using our ODR Portal.

There are many ways to use the ODR Portal by global stakeholders and Internet intermediaries. The first one is to incorporate an ODR Clause of ODR Portal in various contracts, agreements, terms and conditions, etc that clearly mentions that all disputes would be resolved using the ODR Portal only. Once this is done, both the end users/stakeholders and the Internet intermediaries would be bound to resolve their disputes and complaints using the ODR Portal. The decision of the ODR Portal would be binding upon both parties and the entire process would be normally completed with a time span of three months only. This is the best option as the entire process is automated, cost effective and users friendly. All that is required is to open a new ODR Request at the ODR Portal from any party and the ODR mechanism would start from the date of creation of that request and would end within 3 months of that request. Time, energy, money and resources would be significantly saved in this process and the overburdened Indian courts would be relieved from further intake of new cases that could be easily managed by the ODR Portal of P4LO.

The second method is to use the ODR Portal of P4LO on case to case basis where both the parties to the dispute can opt for resolution of their dispute through the ODR Portal. Consent of both parties to this effect would be given on the spot and the ODR process would proceed as in the case of a case using ODR Clause. Consent and communications can be managed using multiple online mechanisms and tools, including but not limited to, e-mails, chats, video conferencing, etc. We have kept the process very user friendly with complete guidance and frequently asked questions (FAQs). Our support system is available to help stakeholders in case of any doubt or assistance.

The third method is applicable where a party to the dispute desires to use the ODR Portal in the absence of consent of an Internet intermediary or/and significant Internet intermediary. The party having the dispute can simply create a new ODR Complaint at the ODR Portal even if the Internet intermediary or/and significant Internet intermediary has not given its consent to use the ODR Portal. This is because the IT Rules 2021 mandate that such Internet intermediary or/and significant Internet intermediary has to managed and resolve the disputes and complaints of end users as per the rules to retain their exemption status. If such Internet intermediary or/and significant Internet intermediary fails to manage and handle such grievance/complaint within the stipulated time, it shall no more have the safe harbour protection and would be treated as normal entity. This lack of due diligence is a very costly affair on all counts and no Internet intermediary or/and significant Internet intermediary would prefer to loose the exemption status.

An example of third method is filing of a complaint or grievance against social media platforms like Twitter, Facebook, WhatsApp, etc. Once a complaint or grievance is filed against any such social media website at the ODR Portal of P4LO, we would intimate that social media website and the dispute resolution process would start as per the IT Rules 2021 and the rules of ODR Portal. No social media website or company can deny taking up of such complaints or grievances and we would try to resolve the same within as periods of 3 months from date of initiation of the ODR process.

The fourth method is applicable when a party to the dispute initiates the ODR process at the ODR Portal of P4LO. We would intimate the other party about such dispute, grievance or complaint and wait for his/her/its reply. The other party may accept that ODR Portal would resolve the dispute and give the consent and the ODR process would proceed as usual. Even if the other party does not give his/her/its consent, there are good chances that the dispute would be resolved using the conciliation process of ODR Portal. In such cases, the decision of ODR Portal would not be binding upon the parties and it would be more on the side of reconciliation proceedings.

We have launched the ODR Portal of P4LO to strengthen and facilitate the Sustainable Development Goals (SDGs) of United Nations, especially Access to Justice (A2J), protection of Rule of Law, consumer protection, ensuring Justice for All, etc. For those who cannot afford our services, we would provide our services at concessional rates or free of cost. We would charge a reasonable fees from Internet intermediary or significant Internet intermediary or from those stakeholders who can afford our fees. A very nominal administrative fees would be charged from all stakeholders to maintain the cost of ODR Portal and it has to be payable by all stakeholders at the time of initiation of ODR Process.

We look forward to resolve disputes of global stakeholders using our ODR Portal.

Online Social Media Grievances And Disputes Resolution Services Launched By ODR Portal In India

Technology is fast evolving in India and our laws are trying to do the catch up thing. With introduction of new technologies, products and services on regular basis, a tension has built up between various stakeholders. A single incidence upon a social media platform can have multiple rippling effects on various stakeholders. For instance, someone posts a fake and violence inciting news on a social media platform and it spreads like fire. Till the time it is proved that such a news is fake, the damage is already done. There is no fool proof method to prevent such fake and damaging news and messages, but a basic level ecosystem can be developed to minimise the impact of such negative social media feeds.

This requirement of basic ecosystem is no more a need but has become a mandatory legal obligation on the part of Internet Intermediaries like social media portals, tech companies providing online services, search engines, online news portals, messaging applications, video and audio communication applications and services, etc. The list is just illustrative as many more categories are also covered by the legal mandates of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Internet Intermediary Rules 2021) (Pdf). The Rules have also differentiated between a social media intermediary and a significant social media intermediary and has specified (Pdf), through a separate notification, fifty lakh registered users in India as the threshold for a social media intermediary to be considered a significant social media intermediary. These notifications have become operational from 25th February, 2021 and this has a direct bearing upon the responsibilities and legal compliance obligations of significant social media intermediary that they have to manage within 3 months from that date.

Rule 2(1)(j) of the Intermediary Rules 2021 provides that a ‘grievance’ includes any complaint, whether regarding any content, any duties of an intermediary or publisher under the Act, or other matters pertaining to the computer resource of an intermediary or publisher, as the case may be. This is a very wide definition that is applicable to both social media intermediary and a significant social media intermediary. By virtue of Rule 2(1)(w) of the Intermediary Rules 2021 a ‘social media intermediary’ means an intermediary which primarily or solely enables online interaction between two or more users and allows them to create, upload, share, disseminate, modify or access information using its services. So a social media intermediary has two or more users but less than fifty lakh users. The moment that threshold of fifty lakh is crossed, the social media intermediary becomes a significant social media intermediary who has to comply with more stringent legal compliance. Above all, there is nothing that prevents the Central Govt to apply the stringent compliance requirements of a significant social media intermediary to a social media intermediary if it deems it fit.

The Intermediary Rules 2021 are very complicated in nature and even big firms and companies would find it difficult to completely comply with their mandates. There are many small social media companies and few large social media companies that have a user base in India. While the larger social media companies still have time till the month of May 2021 to ensure stringent compliance with the Intermediary Rules, 2021 yet these large social media companies, smaller social media companies and other Internet Intermediaries are already required to comply with other provisions of the Intermediary Rules since 25th Feb 2021. Most social media companies are not complying with the same and they are relaxed right now as Indian users have not started filing grievances, complaints, etc with them. But the same is going to change very soon and Internet Intermediaries must be well prepared in advance. May be some Internet Intermediaries have already started the process to resolve disputes, grievance, complaints, etc of Indian users but only time would tell about their efficacy and utility.

The good news is that ODR India project of Perry4Law Organisation (P4LO) has launched the first ever techno legal online dispute resolution (ODR) portal of the world. The ODR Portal is resolving disputes and grievances for multiple fields and social media is one of them. The detailed procedure to use the ODR Portal has been provided here and after login into the portal, select social media from the drop down menu of help topics. Create your ODR Request to resolve your grievance or dispute or complaint with any social media company having Indian user base. Both registration and techno legal ODR services of ODR Portal are free and only nominal Administrative Fee is charged to resolve all disputes and grievances. This is a user side remedy and option and even social media companies can avail our services.

Social media companies can engage us on a retainership or per case basis. Once that is done, all grievances, disputes and complaints can be handled through the ODR Portal. Small social media companies and Internet Intermediaries could be significantly benefited due to this arrangement as they can manage the cyber law due diligence and Internet Intermediary obligations without spending big money on external experts or for managing an internal team. Consider the ODR Portal as an extension of your company for grievances, disputes and complaints purposes. It is a wonderful opportunity for any company having an online presence and it should not be missed. You can contact us with your requirements and we would formulate a plan for you that would work for your benefits.

We look forward to have multiple stakeholders on our board so that their grievances and dispute resolution can be as easy, effective, economical and expeditious as possible.

ODR Portal Of ODR India Project Is Now Available To Global Stakeholders

Online dispute resolution (ODR) is a concept that is widely accepted and adopted these days and it is the future of dispute resolution. It is not the case that ODR has become popular all of a sudden. It took more than a decade for global stakeholders to make ODR popular. We at Perry4Law Organisation (P4LO) have been working upon ODR since 2014 and it is only now that India has shown interest in the same. Nevertheless, we at P4LO welcome this show of interest by Indian Govt as a new beginning has taken place.

With this new interest also came novel challenges and situations for which world at large is not ready. As far as India is concerned, India is witnessing a technology explosion and social media has become a major concern for Indian Govt and Supreme Court. What is most interesting is the formulation of Internet Intermediary Guidelines 2021 (Pdf) by Indian Govt. It has brought back a stringent cyber law due diligence requirements on the part of Internet Intermediaries like social media companies, tech companies, online news portals, search engines, etc. The list is endless as the definition of Internet Intermediaries is not only very wide but also inclusive in nature.

To meet such a challenging task, ODR India portal was relaunched in a rejuvenated manner. We explored multiple technologies and tools (mostly open source) so that ODR can become an easily approachable and usable option. And the final product of our two decades of techno legal research and expertise is the new ODR Portal of ODR India website. It is now fully functional and it can be used by both national and international stakeholders alike. While we are adding more features and tools to it, yet stakeholders can start using it right now.

ODR India project of Perry4Law Organisation (P4LO) is furthering the aims of Sustainable Development Goals (SDGs) of United Nations. Among other aspects, ODR India project is working to ensure Access to Justice (A2J) and Justice for All. It is also working to strengthen Rule of Law in India while pushing for transparency in government functioning. Grievances and disputes are rampant in govt and private spheres and ODR India project aims to manage and reduce the same using the ODR Portal.

ODR Portal is strengthening A2J and Justice for All by not only providing a free registration at the portal but even the techno legal ODR services of ODR Portal are absolutely free. We only charge a nominal Administrative Fees towards maintenance of the portal and nothing else. There are no hidden costs or fees for using our ODR Portal. At the same time to manage our server and hosting costs and to reduce spam and frivolous ODR Requests, we have specified very nominal Administrative Fees. This would ensure committed and dedicated ODR services to those who are serious in resolving their disputes using our ODR Portal.

The procedure to use techno legal ODR services of ODR Portal is very simple. The same is as follows:

(a) Register at the ODR Portal,

(b) Calculate the Administrative Fees that should be a maximum of Rs. 2000 (Two Thousand Only) for most stakeholders as the amount in question may be up to Rs. 20000 (Twenty Thousand Only). If the amount in question is more than Rs. 20000, stakeholders are required to contact us to know the Administrative Fees,

(c) Pay the required Administrative Fees as per the amount involved. Our payment gateway is available here. You can also e-mail us for our bank details and we would share the same to our registered users. Keep a record of such payment as either a pdf or image file,

(d) Keep a copy of your govt recognised identity ready in the form of a pdf or image file. We support multiple identity documents and there is no restriction of demanding a particular id document,

(e) Now log into your account at ODR Portal and fill in the details in each column and upload mandatory files like payment proof and identity proof and then click upon Create ODR Request button.

This would create your ODR Request at our portal and we would follow up with you and the concerned stakeholders using our ODR Portal.

You can check the status of your ODR Request by either login into ODR Portal or using this link. If you have lost the ODR Request number, please contact us with all details. If you have lost control of your e-mail, please create a new account with new e-mail id.

ODR Portal is a powerful tool in the hands of national and global stakeholders to resolve their grievances, disputes, complaints, etc using ODR. So what are you waiting for, lodge your ODR Request today.

ODR India Portal Is Rejuvenated With Latest Technologies And Tools

Disputes resolution is one of the major tasks of a government, company or even a social media network. Without a robust, effective and expeditious dispute resolution mechanism, no nation can grow as the productive resources of a nation would be diverted towards prolonged dispute resolution processes. That is why online dispute resolution (ODR) can be used as a panacea for traditional disputes in our contemporary times.

As per Techno Legal Centre Of Excellence For Online Dispute Resolution In India (TLCEODRI), online dispute resolution (ODR) is a new form of dispute resolution mechanism that relies upon and uses technology as a core tool. The best part is that ODR does not require expensive tools, software or technologies and even a simple ticket system can be used for ODR purposes. Of course, as the stake increases, so must be the use of sophisticated technologies so that authenticity, confidentiality and veracity of the procedure and final outcome of ODR can be produced and proved in a binding and conclusive manner.

Before the Covid-19 pandemic our ODR India portal was resolving grievances of Indian stakeholders from every sphere of social life in India. But our hosting provider faced some technical and legal issues and our ODR India portal was struck in that process. With the help of Nixi, Registry In and its dedicated team and associates, we were able to unlock our domain name odrindia.in and shift it to another hosting provider HIOX India that is providing pretty good services.

We lost articles and some data from our old website but we considered this loss as an opportunity to build something even better. We have a data backup that can be used whenever required. We did a good and holistic research in this regard and bifurcated our techno legal ODR services and research and development into three different projects. ODR India portal would now help Indian stakeholders once again to redress their grievances and issues using ODR.

As we had a chance to rejuvenate our old ODR India portal, we chalked out a strategy for the same. We organised and launched few of our techno legal center of excellence (CoE) and each picked up a dedicated techno legal segment. TLCEODRI decided to support both ODR India and Resolve Without Litigation (RWL) projects of Perry4Law Organisation (P4LO). Both these projects have been successfully incubated under the TLCEODRI so that latest technologies and tools can be added to them by TLCEODRI and other CoEs.

We always believe in simplicity and ease of use for the intended stakeholders. So all that is required to avail our techno legal services is to send us an e-mail. Our Twitter handles can also be approached to contact us, just like in the past. You can chat with us at our TeleLaw blog. Audio and video conferencing options are also available to stakeholders who need them. Our WhatsApp number can also be used by authorised stakeholders to leave us a message on 24×7 basis. We have just two rules for any uninvited or spam communication. Either ignore it or block it, depending upon the severity of the violation. Follow all our rules and guidelines with all sincerity or do not contact us at all.

Besides these options, you would also have an option to directly create an ODR Request at our ODR portal that we would soon launch at this website. Our aim is to provide access to justice (A2J) and justice for all, right at their door steps. But to get best results, approach us at the very first instance rather than contacting us after exhausting all the remedies. That is a duplication of efforts and usually brings nil result. You are required to clearly mention what remedies you have already availed of so that we need not to explore them again. Non following of this rule may result in blocking of you at Twitter and our other services, including ODR India portal.

If you need any particular feature or tool to be added at ODR India portals, please contact us in this regard. We also invite suggestions from various stakeholders to make ODR portal more user friendly and widely available. We look forward to serve you and protect your interests in best possible manner.