Under this category, we offer one type of service i.e. ODR Service. ODR is a New Dispute Resolution Mechanism recognized & adopted by UN on 13 December 2016 vide a resolution No. 71/138-Technical Notes on Online Dispute Resolution of the UNCITRAL, for the purpose of resolving the B2C & B2B mainly cross-border disputes focusing on low value and high volume transaction by leveraging ICT, AI & other modern Technologies etc. This is a simple, fast, flexible and secure dispute resolution method.
ODR is a three stage proceedings that starts with negotiation. If negotiation fails then it is escalated to Mediation. If mediation fails, then it will be moved to Arbitration. However, Section IX UNCITRAL Technical Notes on ODR, say that if the neutral has not succeeded in mediation, it is desirable that the ODR administrator or neutral informs the parties of the nature of the final stage and the form that it might take.
We own, operate, administer & co-ordinates ODR Platform & ODR Proceedings to provide ODR Service under the Jupitice ODR Procedural Rules. Jupitice ODR Procedural Rules have been drafted on the basis of Model Procedural Rules for the APEC Collaborative Framework for ODR of cross-border B2B disputes & UNCITRAL Technical Notes on Online Dispute Resolution. We have a panel of Elite & Experienced Arbitrators, Mediators & Negotiators (ADR Professionals) aggregated from across the Globe. We provide tailored made Panel of ADR Professionals of International Standards experienced having different professional expertise across different industries relevant to the case at hand. Appointments are made on the basis of relevant subject matter expertise, knowledge and track record to our clients.
We make sure that the entire proceedings from filing to settlement or award are in compliance with the Procedural Rules. We further make sure that the Arbitrators & Mediators appointed are experienced and expert relevant to the case at hand. We do not insist upon our clients to adapt Jupitice ODR Procedural Rules. We always maintain the fair balance between all the participants.
The entire stages of dispute resolution is supervised by our Advisory Board which is comprised of Retd. Judges, Sr. Lawyers, Sr. Chartered Accountants/ CPAs. The Advisory Board’s main functions include the appointment of relevant arbitrators & mediators, as well as overall supervision of case administration.
Jupitice has designed and developed Global first ultra advanced “ODR Cloud Based Platform” powered by AI and Block-chain, by leveraging next generation and state-of-the-art technologies ICT, AI, Block Chain, Neural Machine Learning on Translation, IOT, Smart Contract etc. to resolve disputes arising from cross border low value sales & service cross border electronic commerce transactions disputes out of B2B & B2C transactions by performing end-to-end three stages ODR Process from Negotiation, to Mediation and to Arbitration. This is aimed at eliminating physical presence of disputing parties, Neutrals, Lawyers, Witnesses and Experts i.e In- Person Proceedings.
This Platform has developed its own 50+ advanced tools including video conferencing and chat room and has not used even a single tool from third party(s). This is aimed at to maximize the symmetry of information, which not only ensure highest level of security but also will help in applying AI Models and Data Analytics to bring more and more efficiencies in dispute resolution. In short, this Platform enables all the participants not to do any task outside the platform. This enables the disputing parties, Neutrals & all other participants to perform all the 3 stages Negotiation, Mediation and Arbitration.
English & Hindi are our official working languages. However, we can administer cases in any language and communicate in all major languages, including Arabic, Chinese, German, Italian, Portuguese, Russian and Spanish.
The background is that recognizing the sharp increase in the Electronic Commerce transactions and growing concerns for e-Commerce Disputes UNCITRAL (UN) had setup a Working Group III to undertake work in the field of Online Dispute Resolution in its Forty-Third Session in 2010. The mandate of the Commission was to focus on ODR relating to cross border e-Commerce Transactions including B2B and B2C transactions. All States and interested International Organizations were invited to participate in the preparation of the Technical Notes either as members or as observers from the Forty-Fourth to the Forty-Ninth Sessions of the Commission. Ultimately after due deliberation by the Working Group a draft non-binding descriptive document reflecting elements of an Online Dispute Resolution process was prepared and was circulated. UNCITRAL finalized and adopted the “Technical Notes on Online Dispute Resolution on its Forty-Ninth Session in 2016”. On 13 December 2016 a resolution No. 71/138-Technical Notes on Online Dispute Resolution of the UNCITRAL was adopted by the General Assembly of the United Nations.
As per Section I – Introduction of Technical Notes says that ODR is a Mechanism which can assist the parties in resolving the disputes arising from cross border low value sales or service contracts out of both a B2B & B2C transactions in a simple, fast, flexible & secured manner without the need for physical presence at a meeting or hearing. Further, Section III of the Technical Notes says that ODR Process will consist of 3 Stages that includes Negotiation, Facilitated Settlement & Third (Final Stage) that may be either advised by the Neutral or the ODR Administrator about the Form it may take place.
Elements of ODR System
- ODR Platform
- ODR Administrator
- Neutral
- Parties to ODR Proceedings
- ODR Procedural Rules
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