Monday 22 June 2020

EVALUATION OF ARBITRATION AFTER PANDEMIC By Keshav Khandelwal


It has been more than two months since the Prime Minister of India Narendra Modi declared a national lockdown to take care of the situation of COVID-19. The cases are increasing daily and our government is dealing with it. In this pandemic, not only India but every country in the world is managing on how to deal with the arbitration cases. Alternative Dispute Resolution Mechanism is no exception in the legal system of India which has also been affected unfavourably. In this article, we will discuss the various outcomes which can be seen after the pandemic regarding Arbitration.    
The Supreme Court of India passed an order on 23rd March 2020, regarding the time period of limitation under various acts regarding COVID19. In this pandemic, all the cases of arbitration are handled online through video conferencing. Due to COVID19, there is no physical meeting for settling the disputes. Nowadays, people are using technology to settle their disputes. Urgent cases are given utmost priority in this complete lockdown. Parties can apply through e-mail and other digital sources keeping in mind about social distancing. The Arbitration Tribunal is giving full assistance to the parties, from filing their pleading via email to their dispute solving via video conferencing. All these digital sources are taking less time than usual, no physical contact is required for solving these disputes when dealings are made digitally. The biggest benefit of the digital way of resolving disputes between the parties is that it promotes social distancing and international parties do not have to travel around the world to resolve the dispute. Though these digital platforms have their own pros. and cons, the major con of using digital platforms is whether the privacy of the parties has been maintained or not. Recently, a case National Bank of Kazakhstan v Bank of New York Mellon and Ors[1], was streamed live on YouTube giving all access to the private information of the parties. This case was represented in an English Court. Here, Arbitration loses an advantage which was giving privacy to the parties. All the files and reports are shared virtually, so there is a constant fear of data leakage. Another disadvantage of using digital platforms is that in some cases the arbitrator cannot represent himself that good digitally. The reflexes, instinct judgment cannot be shown digitally. A person can be nervous while talking on video conferencing. This nervousness can affect a person’s case.  The issue of the internet, knowledge about computers can also be a con. We can see changes going from paper to the internet. Everything has its own advantages and disadvantages. It is society’s choice whether they have to take any good from this Online Dispute Resolution. There are three mediums for resolving a dispute using technology which is Al Dispute Resolution, Online Courts and Online or Electric mediation and arbitration. The technology has saved us a huge amount of time. The courts have adopted the online technology to save the time of parties and themselves. Online Dispute Resolution has taken out the hurdle of geographical location, lack of jurisdiction and transportability. In Online Dispute Resolution, there is no question of jurisdiction as anyone can connect to the internet from anywhere, so neither of the parties have to leave their town for Dispute Resolution.
From these things we can only conclude that Online Dispute Resolution can be a good thing for society. Arbitration is a method that saves time and cost of legal litigations, but in Online Dispute Resolution, the parties can save time, cost of legal litigations, and also travel expenses.  From anywhere in the world, through video conferencing and other digital methods people can resolve their disputes. Though the big question is about privacy.  Will the government make any online security system where the proceeding can be stored privately and securely? This is the biggest step our government has to take to resolve the arbitrations online. This is one thought about the situation of Arbitration after the pandemic, or this is just a one time measure to resolve the disputes between the parties in this pandemic. Will the government use these digital sources as an all-time measure to resolve the issues even after the pandemic or it will be back to its original paper pen method to resolve the disputes is a question for the future.


[1]  Claim No FL-2018-000007 - In the High Court of Justice - Business and Property Courts of England and Wales

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