REGULATING ODR IN INDIA: THE NEED FOR A DEDICATED ODR AUTHORITY IN INDIA

Online Dispute Resolution (ODR) integrates digital technology with the traditional methods of Alternative Dispute Resolution (ADR), and its adoption across sectors such as e-commerce, banking, fintech, and consumer protection demonstrates its potential to deliver efficient, accessible, and cost-effective justice. In India, ODR derives legal recognition from the Arbitration and Conciliation Act, 1996, the Mediation Act, 2023, the Information Technology Act, 2000, and the Digital Personal Data Protection Act, 2023, none of which was enacted to regulate the technological ecosystem within which ODR platforms operate. This paper examines the adequacy of that framework and identifies the regulatory gaps arising from cybersecurity, data protection, platform accountability, Artificial Intelligence (AI), and user protection. It argues that while existing ADR laws provide a procedural foundation for ODR, they cannot regulate its technological and institutional dimensions, and accordingly advocates a dedicated regulatory framework supported by an independent ODR Regulatory Authority to ensure accountability, transparency, and public trust in digital dispute resolution.