ONLINE DISPUTES ONLIST : MASTER GLOBAL ESSAY

On The World Students Society - we are  researching and looking very closely at Online Dispute Resolution.

This would be an important solution to incorporate as we prepare for Great Global Elections and subsequently the Ecosystem 2011.

IN TODAY'S interconnected world, Online Dispute Resolution [ODR] serves as a crucial tool for resolving disputes efficiently and cost effectively through technology driven mechanisms.

Some courts globally have successfully incorporated ODR programmes across various case disciplines, mostly small straightforward claims of consumer debt, divorce proceedings, child support, custody visitation and non-criminal traffic cases.

Despite Pakistan's successful legal recognition of Alternate Dispute Resolution [ADR], formal recognition of ODR is still pending and with a substantial 2.26 million pending cases in the country.

The adoption of this modern technology within the legal domain holds the potential to expedite the resolution of these matters.

ODR, initially stemmed from ADR as a by-product of the rise of cyber-space, has since evolved into its own entity, distinct and independent, driven by the growing pursuit of ODR solutions in recent years.

Notably, it is used for resolving disputes through '' the use of electronic communications and other information and communication technology''.

Since its inception, ODR has witnessed a surge in popularity due to its ability to deliver dispute resolution services via the internet.

This approach is cost-effective and tackles cross-border disputes by revolutionising the traditional framework into an innovative technologically driven process.

Importantly, the pervasive problem of pending cases across all tiers of courts has become an issue in Pakistan.

This is evident from the Law and Justice Commission of Pakistan's Bi-Annual Report on Judicial Statistics [ July to December 2023 ] as the total number of pending cases in courts has surged by 3.9%, reaching an alarming 2.26 million during the latter half of 2023.

Of these, 1.86 million were in the lower courts and the remaining 0.39% in the superior courts.

Such a surge in pending cases violates the right to expeditious and inexpensive justice also guaranteed under Article [37 d] of the Constitution of Pakistan.

Currently, there are no legislations pertaining to ODR in Pakistan but ADR has gained policy traction.

The Alternate Dispute Resolution Act 2017, Punjab Alternate Dispute Resolution Act 2020 and KPK Alternate Dispute Resolution Act 2020 outline the utilization of ADR methods and procedural guidelines applicable to civil affairs.

This Master Essay continues into the future. The World Students Society thanks author Iqra Bano Sohail, Research Associate for International Law at IPRI.