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Legal analysis demonstrates gaps in digital justice delivery within India's judicial landscape, highlighting the necessity of a dedicated statutory framework for online dispute resolution.
India is currently undergoing a major transformation in its legal environment, with online dispute resolution (ODR) systems being rapidly adopted. The “Supreme Court” approval of virtual hearings during the COVID-19 pandemic has further accelerated this movement. While existing laws such as the Arbitration and Conciliation Act 1996, the “Information Technology Act 2000,” and the newly enacted Mediation Act 2023 provide a foundation for validating electronic evidence and resolving disputes outside traditional courts, India currently lacks a specific legal framework specifically governing online dispute resolution mechanism. While think tanks like NITI Aayog and the Vidhi Centre for Legal Policy have actively supported “Online Dispute Resolution (ODR)” through the Digital India program to reduce court backlogs and improve access to justice, they also emphasize the urgent need for legal reforms. This article analysis the current step-by-step digital dispute resolution process, from case initiation and digital evidence management to the delivery and enforcement of arbitral awards. It also examines the successful digitization of traditional methods, such as electronic Lok-Adalats. Ultimately, the article argues that to promote an inclusive legal system and build user trust, India must enact a comprehensive, dedicated “Online Dispute Resolution (ODR)” law.
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Shukla et al. (2026) studied this question.
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