LIJDLR

DIGITALIZATION OF ARBITRATION IN INDIA: CONSTITUTIONAL SAFEGUARDS, DUE PROCESS, AND THE RISE OF ONLINE DISPUTE RESOLUTION

Vaibhav Pandey, Student, 6th Semester pursuing BBA LL.B (Hons) at Amity Law School, Amity University Uttar Pradesh, Lucknow (India)

In India, the digitisation of arbitration shows a major shift towards modernising how disputes are resolved through arbitration, creating new and important questions regarding how these digital processes comply with the Constitution of India and whether they are fair. The Arbitration and Conciliation Act of 1996 has traditionally governed arbitration, but many courts now use technology to implement virtual hearings, e-filing, and Online Dispute Resolution (ODR) to administer their dispute resolution processes more quickly and efficiently, particularly as a result of the COVID-19 pandemic. The paper compares digital arbitration against both the current statutory and legal frameworks and technology trends to better understand how digital arbitration fits within the overall context of the Constitution, and how digital arbitration is governed by the rights and protections in Articles 14, 19, and 21. This study seeks to evaluate if digital arbitration respects the principles of equality, due process, and natural justice; in addition to examining the continued concerns of the digital divide, privacy of data, and enforcement against ODR mechanisms. Key research questions shape the inquiry regarding the fairness of virtual hearings, the accessibility of technology-based dispute resolution systems, and whether technology-based dispute resolution systems comply with the constitution. The study employs a doctrinal and comparative research methodology, analysing statutory law, judicial precedents, policy reports, and studies from other countries. The findings of the study suggest that while digital arbitration improves efficiencies, cost-effectiveness, and access to justice, it also creates new structural and constitutional threats. The conclusion of the paper advocated for a rights-based approach to the development of regulations which incorporate procedural protections, cybersecurity standards, and inclusiveness in order to promote that technological innovation remains consistent with the spirit of the Constitution.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1974–1999.
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