Disputes are the inevitable part of every business and organizations need to find a way to resolve them and move forward.
Disputes could be between the organization and its employees, organization and the customers or organization with its business associates.
Normally contracts provide for dispute resolution by stating that the dispute resolution is subject to the “Jurisdiction of Courts in ….”. Most of the times the dominant party specifies the jurisdiction of his country. This may not be convenient to the customers and hence most of the time dispute resolution through Courts is a non existent remedy in a contract.
The better option therefore is to add in the contract that disputes will be resolved by ADR (Alternate Dispute Resolution) process such as Mediation and Arbitration.
ADR is handled by domain experts and if agreed to by the parties can be binding.
FDPPI being a domain expert in ADR, intends to set up a “Data Disputes Mediation and Arbitration Center” (DDMAC).
DDMAC proposes to use the ODR platform as offered as a service by www.odrglobal.in which provides a turnkey service including the digital platform and back end support services along with the registrar service. Where required, it will provide the support of recording of the proceedings with Section 65B certificate from Cyber Evidence Archival Center (www.ceac.in).
In the upcoming Indian PDPA, Data Fiduciaries are required to set up a “Grievance Redressal Mechanism” and FDPPI endeavors to provide this support.
Initially FDPPI will accept “Mediation” requests. In due course, “With Recourse Arbitration” would be provided as an extended service of the DDMAC. Under this service, arbitration service will be provided without prejudice to the remedies available under the PDPA in the form of “Adjudication”.
The FDPPI’s DDMAC will be an ODR platform running over the odrglobal.in infrastructure. The Arbitrators will be some of the supporting members who are having the necessary expertise and declare themselves to be the Arbitrators.
Cyber Law College will be conducting a training program on Indian Arbitration Act 1996 for which a schedule will be announced shortly. Those professionals who are already trained mediators or arbitrators from other organizations conducting such programs are welcome to register as supporting members of FDPPI and offer their services as Arbitrators.
Watch out for more details.
Naavi
Thanks for launching this great initiative. I am able to visualize the explosive spread effect of the influence of the Arbitration Act 1996, courtesy the PDPA shortly becoming an enforceable law.
I offer myself as a potential Arbitrator and here are my accomplishments I rely upon.
1. Worked as a Quasi-judicial officer in the capacity of Deputy Director of ESI Corporation, which needed me to issue show-cause notices for suspected defaults by employers, in complying with different provisions of ESI Act, 1948, and issue of speaking orders, after taking into account their submissions.
2. Worked as a Recovery Officer, ESI Corporation, which was a statutory function, with powers granted by the Code of Civil Procedure, 1908 in conducting proceedings against ESI revenue defaulters, and issue of orders. The second schedule of the Income Tax Act, 1961 was made applicable to ESI revenue recovery functions, and the Recovery Officers were appointed in ESIC, by virtue of this provision.
3. Represented the interests of a Software Development Company in Arbitration proceedings, in terms of the Indian Arbitration Act, 1996.
4. Working as a Lead Assessor since the year 2005, in Certification bodies, for different ISO Management System Standards, which needs impartiality and objectivity to be demonstrated in every single audit I conduct, manifestly.
Willing to attend the Arbitration Training to be conducted by Cyber Law College.
I am a Foundation Member in FDPPI.
Thanks & Regards,
Govind Srinivasan