Abstract
The quantity of traders is increasing in Pakistan day by day. Regulation of internet trading at the state level is an unavoidable reality. Online trading has been systematically included in the Online Dispute Resolution Scheme, which is an alternative dispute resolution format. Several multinational hawkers, such as Amazon and Ali Baba, are embracing ODR mechanisms to ensure trading is more resourceful and less reliant on traditional civil law remedies and time-consuming court procedures. This study includes observation of several industrialized countries and the international framework to introduce ODR as a paradigm. It includes an in-depth examination of online trade and ODR, as well as the reasons behind Pakistan's judiciary's unwillingness to include these entities in its legal scheme. It will deliberate the utilization of E-Mediation and E-arbitration and its connections to online trading. Moreover, certain examples will also support the article's goal, shortcomings, and limits as well as some recommendations for Pakistan.
Key Words
Internet Dispute, Dispute Settlement, Trends, E-commerce, Legal Scheme and E-court
Introduction
Overview and Background of Study
Because of the rapid expansion of information and communication technology (hereinafter ICT), worldwide internet consumption has increased by 970 per cent during the early 2000s (IWS, 2022). The internet user distribution in the world in 2021 shows there is 53% usage of the internet in Asia. The Internet is used by a little more than 3.9 billion people worldwide (Singh, 2019). However, there are almost two billion internet consumers in Asia and almost 600 million in Europe (Singh, 2019). Though there were just 133 thousand internet users in Pakistan in the year 2002 and 44 million in 2017 (IWS, 2022) it has increased and extended to 82.90 million this year (Kemp, 2022). Despite the fact that exercising ADR and ODR to resolve conflicts has lately grown in popularity, the majority of legal academic material comes from Western countries (Bedaiwi, 2019). By this time, only a small amount of information on this topic had been published in developing countries (Bedaiwi, 2019). In Pakistan, it is clear that ODR is still in its early stages.
The majority of the current literature is from industrialized nations with evolved jurisdictions, such as the EU and the USA, leaving considerable legal literature negated in developing countries (Gurtner, 2010). Pakistan's legal culture is distinct from that of the EU and USA (Gurtner, 2010). Not only are there legal disparities in Pakistan, but there are also cultural, ICT infrastructural, and regulatory challenges that prevent ADR and ODR from reaching their full potential (Ali, 2017). The viability of ODR has been assessed in this study by taking into account the expansion of ODR in Pakistani legal settings. The same patterns can be seen in India, the world's second-biggest population, where the net and IT revolution has transformed the country into among the global largest net users. India has 700 million phone consumers who utilize the internet to help with e-commerce (Kaka, 2019). In a neighboring country like India E-bay, which are internet-based retailer has expanded their business and developed the concept of e-courts very rapidly (Mandavia, 2019). Similar tendencies can be seen in Pakistani markets. E-trading is a useful tool for lowering transaction costs, increasing transaction efficiency, and saving time. Numerous online sellers in Pakistan have benefited from this. E-commerce legislation in Pakistan is ineffective, as industries are likely to be deceitful, fraudulent, and have further contractual problems (Government, 2019). No. of studies have highlighted the potential of E-commerce in Pakistan, with one stating that 67 per cent of Pakistani businesses utilize the Internet to promote their products. The lack of state-level regulation of e-commerce has made trade uncertain for both customers and merchants (Ravala, 2008). This has resulted in several unresolved conflicts. Pakistan just enacted the Alternate Dispute Resolution Bill 2016, although it excludes e-commerce and ODR from its scope. On numerous websites in Pakistan, trade and commerce are conducted online. A user chooses from a range of drugs and prices when they visit an internet website. The customer, whether an individual or a corporation, then shows their acceptance by making an online purchase, acknowledging that they have read and agree to the terms and description of the good/service (Qaiser, Qaiser, & Hameed, 2020).
According to contract law, agreements are legally binding and must be fulfilled in good faith by parties. The merchant delivers the goods after the agreed-upon period. This "good faith" now includes the desired advantages of the obligatory parties in addition to the provision of goods or services. In internet trading and business, "good faith" does not exist in Pakistan. Parties to an online transaction cannot easily reach one other due to a number of circumstances, including internet literacy, energy, and power shortages, and the internet's high bandwidth requirements and communication through the internet might occasionally become fruitless in the case of ODR (Khan, Kaya, & Habib, 2019). Furthermore, online commerce is less secure due to the absence of governmental regulation. Concluding here, it is badly affecting the national economy but also escorts the parties towards unsettled accusations from both sides (Khan, Kaya, & Habib, 2018). This essay will introduce readers to the fundamental idea of (ODR) and global trends of ODR by giving examples from global infrastructure. To find a remedy for ODR in Pakistan, contemporary developments in the same field will also be discussed (Heuvel, 2018). The advancement of (ADR) in trade and business to the level of ODR in e-commerce depends on the results of this research. This article will pave the way for the application of international ODR standards at the national level. Because of the research ODR, the reader will also be prepared with a number of corrective tactics for online resolution. By defining ODR with its global patterns, the major objective is to pinpoint the space in e-commerce (Heuvel, 2018) and how Pakistan may profit from it (Khan, Kaya, & Habib, 2018).
Fundamental Construction of ODR
Each year, billions of transactions take place globally. There are no time, geographic, or territorial constraints for conducting transactions through the Internet in the digital era, thanks to ICT (Guterres, 2021). The amount of cross-border disputes has enlarged because of international transactions or usage. Currently, the traditional dispute resolution systems fail to fulfill the lawful chucks of such issues for the following reasons; In practically every territorial issue, different countries have different procedures for variation and several restrictive burdens to launch legal action (Guterres, 2021). Due to the endless Internet access to anywhere in the world, localization components are less obvious, making it harder to navigate business locations and true quality in cyberspace (Qaiser, Qaiser, & Hameed, 2020). Cyberspace-related issues may necessitate the use of jail experts who can respond to a variety of different geometric, societal, and occupational practices. There are several steps involved in defining and describing ODR systems. Internet, quasi-ADR, and arbitration are three examples of perspectives mentioned by Kaufman Kohler and Schultz. These creators are also aware that a thorough description of ODR must emphasize the challenges brought up by the fact that it is primarily conducted online (Kaufmann-Kohler & Schultz, 2004). ODR is described as "a means for resolving disputes via the use of digital communications and other data and communication technology" in the most recent UNCITRAL Technical Guidelines on ODR hence referred to as Technical Notes (Kaufmann-Kohler & Schultz, 2004).
After reading these explanations and definitions, this can be concluded that ODR pertains to using ICT, particularly the Internet, to identify the root of a dispute. According to Katsh and Rifkin, this e-learning is the "fourth party" ODR is currently a reality (RAINEY, KATSH, & WAHAB, 2014). Plentiful ODR organizations suggest their services everywhere around the globe and thousands of conflicts get settled online every year. Around 60 million trader disputes are resolved by ODR each year on eBay alone (RAINEY, KATSH, & WAHAB, 2014). This "well-established" dispute resolution technique is perfect for the internet age. ODR offers special qualities that allow events to access information outside of their immediate vicinity and bridge distances while saving money on travel and venue fees. While ADR and ODR processes have several things in common, such as reduced costs, quicker processing times, more adaptability in the outcomes, etc. ODR does, however, unquestionably have serious drawbacks (Bruce, Ellam, Macmillan, Miedema, & Intven, 2006). Text-based communication methods can lessen communication prompts that could otherwise cause miscommunication, poor interpersonal conduct, and frustration from response delays (Bruce, Ellam, Macmillan, Miedema, & Intven, 2006). Online negotiations are often known as "e-negotiations" or "cyber negotiations." The most typical and basic form of dispute settlement is negotiation. The majority of people, it is thought, never longer consider the actual negotiations they are engaging in on a daily basis. The effectiveness of negotiating may also be taken into account in more official settings, such as business meetings or automobile purchases (Zeleznikow & Lodder, 2012). In a straightforward compromise, parties try to come to a covenant deprived of the assistance of a third party.
To sort out disputes online, two primary negotiation approaches are available: one is automated and the other is supported negotiating (Kaufmann-Kohler & Schultz, 2004). Dr. Wang provided the following definitions of "aided negotiation" and "automated negotiation": Automated negotiation: Each occurrence submits a financial parent to the computer in turn as a contract scheme. The computer then compares supply and demand, determining whether their mathematical inferences are consistent. With the use of the internet, the parties can connect with one another throughout a negotiation by using video conferencing, online chat programs, or email. In the workplace, email has taken the role of other forms of communication. E-mail negotiation has steadily risen to the top spot as the most preferred technique for resolving disputes due to many benefits, including distance, time cost and efficiency, language, additional preparation, and so forth. However, a study discovered that emailing during negotiations "increased contentiousness," "decreased facts division, procedure participation, and trust," and "increased repercussions of unfavourable attribution. "It demonstrates that face-to-face communication is preferable to technological communication for reaching consensus(Kaufmann-Kohler & Schultz, 2004).
Digital Economy and Consumer Defense Supervisory Framework
Undoubtedly, Pakistan is in a challenging situation and is prepared to benefit from the digital economy, but online change contributors are still confused due to the non-availability of the regulatory framework in place for consumers' safety (MPDR, 2021). The current process discourages customers from trusting the Pakistani digital market since it is ineffective, outdated, and unsatisfying. (MPDR, 2021) This has been highlighted by the first-ever E-Commerce Policy Strategy launched with the assistance of the Federal Ministry of Commerce by declaring that consumer security is one of the primary issues facing its growth as the success of an e-commerce model depends on patron confidence. It said in light of the previously mentioned, Pakistan's digital plan includes an e-commerce framework that was developed in 2019 and just made official; nonetheless, it seems challenging to implement. (MCT, 2019). Additionally, the framework aims to completely replace the existing traditional trade device. The fact that this framework acknowledges the necessity of improvement in the digital customer sector in light of the Pakistani client safety laws' lack of specific provisions for resolving e-consumer complaints is great in this regard(MCT, 2019). The first client safety law in Pakistan was established in 1995, and following the 18th parliamentary election, the provinces each passed their regulations in 2003, 2005, and 2014. The countrywide enforcement of the consumer protection regulation is still pending.
Online Mediation: An Effective ODR
An additional way to resolve conflict is through mediation. The basic goal of mediation is to provide the chance for the parties to work out their differences amicably and sustainably. The majority of fields employ mediation today. In the past, reconciling labour and family issues was a common emphasis of mediation. Regrettably, mediation has been used in summary judgment motion conflicts, customer disputes, industrial disputes, fiscal disputes, economic catastrophes, and other situations due to a number of benefits of using it in comparison to other dispute resolution methods, such as prescriptive flexibility, cost-efficiency, and time-efficiency (STAFF, 2021). The European Parliament accepted the EC Directive on Mediation, which defined: "Mediation" probable a formal methodology, put another way named or referred to, wherein a number of parties to a dispute attempt on their own, voluntarily, to reach a compromise on the aspects of their dispute with the help of a mediator (Qtaishat, Alshawabkeh, & Saleh, 2018). This process may also be started by the parties, advised or directed by a court, or regulated through a Member State regulation (EC Directive on Mediation 2008, Article 3). Parties are able to stop using the strategy whenever they want. They cannot be forced to make a binding decision by the third birthday party or mediator (Qtaishat, Alshawabkeh, & Saleh, 2018). The cornerstone of mediation is the parties' voluntary participation. Additionally, compared to "face-to-face-based" mediation, online resolution can be viewed as "system-based." (Betancourt & Zlatanska, 2013).
Through arbitration, the arbitrator determines the parties' ultimate judgment. Parties are increasingly adopting this method to settle disputes, especially those involving other countries, due to a variety of factors. The most important factor of which is that the award made by an arbitrator is generally binding as a court judgment. The primary grounds for business preference for arbitration are the 157 countries that have adopted the Convention on the Recognition and Enforcement of International Arbitral Awards, generally referred to as the "New York Settlement Convention" or the "New York Convention". Online arbitration can be viewed as a modernization of conventional arbitration (Seyadi, 2015). Everything is provided, from the "online arbitral award" to the "web arbitral award." Complainants, the arbitral tribunal, and experts are needed to engage in the complaint using electronic equipment, particularly cutting-edge software and hardware, in online arbitration (Seyadi, 2015). Particularly in contentious and large-scale arbitration proceedings, the fantastic of technological devices can be noticed. Another momentous benefit of online adjudication is that parties and witnesses do not need to travel or make accommodations. International arbitrators, in particular, want to think about issues without having to portable overseas and are willing to challenge an arbitral ruling in digital form. When there aren't any difficult issues at play and a large sum of money is at stake, this kind of procedure might also work routinely in customer disputes like small claims.
ODR Possibilities and Restrictions
The chief drawback of ODR is that it does away with head-to-head collaboration, which makes it difficult for peacekeepers and judges to assess the veracity of parties and observers. The parties to an argument can also contribute to excluding the mediator or arbitrator's knowledge when it is handled online (Goodman, 2003). Additionally, it could also lead to serious misunderstandings between them. Another frequently brought-up issue with ODR is that parties wish to keep all aspects of cases confidential while settling disagreements. Without the other party's consent, it should be permissible to print out and disseminate recorded verbal exchanges (Goodman, 2003). The third drawback of ODR would be that, despite being one of the best approaches for resolving particular types of disagreements, it may no longer be appropriate for all problems. For instance, some significant problems that are out of the parties' control require the help of the court; hence, ODR cannot handle these disputes (Verma, Anshu Banwari, & Pande, 2018). Finally, yet importantly, certain additional elements can be witnessed as challenges or at the very least hurdles when employed with ODR. Language barriers in international disputes, computer skills or communication issues could also work against parties who are less comfortable with these talents. ODR offers a range of advantages in addition to its substantial perceived difficulties, which have been outlined above (Verma, Anshu Banwari, & Pande, 2018). ODR has many advantages over traditional litigation, including the ability to save time (H¨ornle, 2009). Parties in normal litigation disputes have to participate physically in the procedure, almost one of the parties would need to fold away, which would meaningfully slow down the procedure. ODR provides contractual with greater procedural freedom, quicker possibilities, and more creative solutions (Ho¨rnle, 2003).
The ODR Rules and the EU ADR Directive
The Directive on Consumer Alternative Dispute Resolution (hereinafter the "ADR Directive") and the Regulation on Client Online Dispute Resolution (hence the "ODR Regulation") are two novel pieces of legislation that the EU has implemented. Article 2(2) states that associated States are responsible for ensuring the availability of nationally recognized CADR companies that can be contacted online for customer relief related to the purchase and delivery of services/products (EN, 2013). The ADR Directive's Article 2(1) states that applies to all local and international contractual disputes when both the dealer and the customer are EU citizens. According to Article 2(2) of the ADR Directive, Member States are responsible for ensuring the availability of nationally recognized CADR companies that can be contacted online for consumer complaints arising from the purchase of goods and the provision of services (EN, 2013). To assist in the settlement of customer disputes resulting from e-commerce, the ODR Regulation provides an "ODR Platform" (ODR Regulation, Article 1). The ODR Platform is defined in Article 5(2) as "a single point of contact for merchants and customers seeking the out-of-court dispute resolution safeguarded by this Regulation," even though the ODR is not directly mentioned in the Regulation. It must be an embedded device that is available online and supported by all of the Union institutions' official languages (ODR Regulation, Article 5). According to this statement, ODR provides a single point of entrance at the Union level for the resolution of domestic and foreign complaints. A digital subscription case management tool is also accessible in all official languages.
UNCITRAL Technical Minutes on ODR
This challenges the effectiveness of ODR regulations worldwide. Although there are no clear and enforceable rules on ODR for buyer-seller disputes, there are certain important UNCITRAL rules (UN, 2016). Working Group III was established by UNCITRAL in 2010 to improve the regulation of low-value, high-volume B2B and B2C e-commerce claims (Del Duca, Rule & Rogers, 2010). UNCITRAL Technical Notes were adopted following its 49th session in 2016 (Working Group III, 2016). The fact that technical notes are non-binding and descriptive and reflect basic principles of OS procedures is of little help. Technical Notification Rules now include merchants as claimants in addition to focusing on consumers. The Technical Note is expected to have a significant impact on the establishment of mechanisms to facilitate the resolution of disputes arising from international treaties on rights of small value or carrier services transacted via electronic communications (UNCITRAL, 2017).
Characterization of Managerial and Jurisdictive Limitations of E-Transactions and ODR
It is significant to note Internet no longer respects any legal or administrative restrictions, which causes a variety of issues for users, including the lack of a centralized management system (Virginia-2006). All these consumer fears should be taken care of to make things possible and reduce the likelihood of criminal activity or litigation, where the laws of several jurisdictions may conflict (Chawla & Kumar, 2021). However, efforts to incorporate regulatory norms have mostly focused on protecting consumers from unjustified financial loss with internal arrangements (Digwatch, 2022). Even in Muslim countries, the results were similarly good, but the regulatory structure for strict complaint management technology clogged the court system using online resources (Bertolini, 2021). Moreover, a good ODR mechanism has the potential to systematize the decision-making process related to online disputes, which, in the opinion of some experts, is a potential threat to the criminal occupation and would alter how solicitors and legal experts conduct their business. Since ODR's inception in the 1990s, several tasks have been added on a trial basis to assess its ability to handle conflicts. By 2005, 115 online dispute resolution (ODR) sites were handling disagreements of various kinds, from commercial to personal. Of all these websites, eBay and Square Trade ODR were the most effective in advancing this entity. Additionally, it contributed to e-consumers' increased confidence in their ability to make secure online purchases thanks to Square Trade's multi-tiered tactics for enhancing accessibility, neutrality, and secrecy. According to sources, 60 million disputes had been settled by 2010 on Square Trade, which eBay had taken over (Lipsky & Avgar, 2007).
ODR Laws
International tendencies and practices due to difficulties that jurisdictions were having in resolving disputes, ODR methods were first established to be global. ODR systems are surprisingly rapid to construct using software, which is why they are regarded as providing accurate and prompt resolution in opposition to any relevant critique at the scene of the incident (Katsh & Rabinovich-Einy, 2017). Governments and organizations at the national and international levels have carried out extensive research to ease the difficulties associated with cross-border medical care. ODR is the impedance of cross-border transactional difficulties, according to a recent study (Heuvel, 2018). Through 2015, all of the European Union will be required to implement ODR for solving cross-border clashes involving consumers and e-commerce, according to guidelines proposed by UNCITRAL, the UN body that seeks to unify laws globally. Initiatives like the one mentioned above make it possible for any new idea to seamlessly integrate itself into the current framework (Colombia & USA, 2015). As a result, those involved in e-commerce will start to view ODR as a high-quality and innovative form of ODR. They will also incorporate it more into their businesses, which will help them build customer trust and increase the potential of online transactions (Colombia & USA, 2015). The worldwide methods of doing business and gathering resources have changed because of the noticeable impact of technical development and its incorporation into dispute resolution procedures (Doney, Cannon, & Mullen, 1998). It is important to note that many disputants, especially those who engage in online dispute resolution, now choose a continuous improvement from dialogue to comparison within a matter of hours rather than switching diagnosis, negotiation, mediation, ombudsman, and arbitration. These tendencies continuously aid in the development of an unlimited array of internet channels that are tailored to the requirements and needs of the disputant (Khan & Smith, 2018).
Pakistan has made significant technological advancements, but societal attitudes need to change in order for things to function well. There are many ODR opponents because, despite this advancement, the more affluent segments of society are still uncomfortable using technology (Khan & Smith, 2018). In societies like Pakistan, the circumstances related to these pose obstacles to the online conflict resolution process. Additionally, the necessity for the settlement of e-conflicts, including business disputes involving events from several jurisdictions, is growing every day. Globalization also requires the enchantment and advancement of ODR resolutions in particular Pakistani industries (Hamdani, 2015). The present face of ODR-related laws, which are practically ineffective, is more likely to scare off customers and businesses. Additionally, customers and businesses are also more concerned about the binding nature of online settlement impacts. Now that the setups have been considered, it is obliging for Pakistan to reflect on them and analyse some achievement stories (Government, 2019). Pakistan also wants to ensure high-quality criminal action in e-commerce matters, particularly in situations where it is difficult to recruit any criminal motion or enforce judicial verdicts. For instance, the UAE is recognized as a forerunner, it advanced at a fair rate throughout the Middle East's e-commerce revolution.
In this regard, the establishment of an admirable e-transactions law has been made possible by the Dubai International City (DIC), Dubai International Arbitration Center (DIAC, Dubai International Arbitration Centre, 2022), and Abu Dhabi Arbitration Center (ADCCAC, 2022). Installing all of the aforementioned centres can provide a lot (Farhad, Moore, Revilla, Savoie, & Dubot, 2022). However, no core or facilitation setup needs to be established in the case of Pakistan. It is well recognized that the web presents difficulties because the current legal system cannot always be applied to the online environment because there are no physical borders. Consumers, especially online consumers, are turning to governments to make sure that cyberspace legislation matches the real world (Smeets, 2021). In Asia, it is obviously a new concept. In the world of ODR, China and Singapore, adding more Philippines, have distinguished themselves as strong competitors and suppliers (APEC, 2022). The Singapore Mediation Center (hereinafter SMC) is a further example of successful deliberation (CAAC, 2005).
Lacklustre Policies in Pakistan and International Instruments to Resolve Disputes
Through ODR and ADR, The UN Convention on Mediation was adopted in December 2018 is one example of how the international community has recognized the global situation in terms of ADR. Several countries, including Pakistan, have been invited to join the Mediation convention in Singapore (Courtingthelaw, 2020). Pakistan gives up the right to choose the procedural and substantive laws for contracts due to the poor laws and insurance policies relating to contractual agreements with foreign companies and having less bargaining power in financial projects. If a dispute arises, arbitration assistance is obtained from foreign legal firms.
Since E-Commerce to the Benches, Feasible Modalities of ODR
If State and local governments use them to administer for settlement of disagreement, cyber-courts possibly be set up. The administrations of Australia, the US (ICLG, 2021), and many other European states have imposed significant control around cyber business difficulties, and things are now effectively handled (HOLLIS, 2021). In particular, cyber-courts may promote public confidence and facilitate a prompt resolution of transactional difficulties. This is a core objective, which has to be fixed on a priority basis to carry out their objectives in Pakistan. According to the appropriations and expenses, it is to be believed that courts frequently look for ways to ensure everyone has access to justice and to solve problems. ODR frequently provides affordable justice through lower fees and environmentally friendly methods, although it is debatable if it can be applied to all countries. If ODR is made available through the courts, it can be quite convenient for parties to contract who are located in various regions of the globe. Secondly, the benefit is cost-effectiveness, since quicker dispute resolution equates to less workload, lower travel costs, and less administration paper fumbling with shorter delays (HOLLIS, 2021). The third problem is the lack of accessibility for seeking remedies other than hiring an attorney to investigate the problem. The cyber-courts' charter and their professional judges, who are knowledgeable about corporate laws and practice, make up a significant portion of their operation. Other than its reviewers, another aspect is the question of trustworthiness in particular industries and fields; each of these aspects has had a significant impact on e-commerce globally and the partners involved in e-transactions. In Australia, there is a wide spread of concepts like E-courts and E-filing. However, this concept has been facing hurdles in Pakistan and the major reason is illiteracy and remote web accessibility (Tan, 2018). The absence of coordination with technical agencies and professionals for the employment of different online constructions and professional individuals are additional hurdle for judiciary and counsellors to make them understand when it comes to e-courts (GTLAW, 2021). In this context, Pakistan will take more time to develop its understanding regarding e-courts with the help of education, accessible internet, awareness, and cooperation with business corporations. Undoubtedly, legal uncertainty is a common condition for online shoppers plus businesses in our country. Consequently, in this day of technological advancement and easy access to justice through online media, a lacklustre prison infrastructure fails to effect any change. An alternative is expected to fetch a revolt of the online justice machine into Pakistan's criminal system.
Pakistan has to see whatever comes next, right? Despite all of these factors, our economic and legal systems have endured severe setbacks because of their own failure to cope with the escalating customer demand. The establishment of international standards and the introduction of the ODR transformation into society are imperative for Pakistan's government. It is also recognized that the operational processes of the ODR must be strengthened with assistance from the Pakistani courts. It is crucial to launch a broad awareness campaign, educate thousands of people, and increase the system of justice as previously mentioned. Bar councils and organizations may also organize online training for lawyers and other system users. In order to improve technologically and provide recourse to online customers, Pakistan wants to focus on the internet, computer software design, and IT arrangements that the rest of the sphere has developed in a harmonious way. Thus, it is clear that e-commerce has advanced significantly and is now effective in managing a variety of problems and challenges, handling international e-commerce with security and a beautiful level of customer pleasure.
Conclusion
For Pakistan to get assistance from the global market and trade and to institute itself as a viable business entity, it is critical to assess the swiftly expanding apparatus and lawful frameworks utilized around the world. Additionally, buyers and international traders need to feel confident and be given basic instructions for resolving their complaints. It is widely acknowledged in several industries that Pakistan's traditional courts lack a proper framework for resolving e-consumer complaints and other issues related to the global market. Additionally, the prison standards must ensure accuracy and secrecy because, if conflicts are not kept secret, they may also upset parties. Additionally, consumers may be given access to cyber courts so that they are not drawn to more successful or inefficient dispute resolution processes. Choice can be difficult to enforce at times, thus some legislative rules must be introduced to make ODR-related provisions mandatory and to give the system legitimacy throughout Pakistan. It is clear that the world is easily accessible being its global village largely because of technical advancement and connection hand to hand.
E-commerce not only replaced traditional markets in developed nations while providing online goods/services but also dispute resolution procedures like Amazon and Alibaba, for instance. By giving them space on their platforms, The Workable Modalities of Online Dispute Resolution in Pakistan Vol. V, No. III (Summer 2020) 45 is able to link buyers and sellers. Additionally, this has made it easier for customers to choose the products of their choosing at the best prices without having to physically visit the marketplaces. Unfortunately, at the time when this market was flourishing in continents of the world, it had not invoked Pakistan to its fullest. As a result, it is time for policymakers and legislators to work with businesses in Pakistan to develop laws that address e-commerce issues as soon as possible. In order to establish a robust e-commerce regime in Pakistan or elsewhere, ODR will be essential. Online trade has already expanded its range to include robotics and baby lotion. This essay concentrated on the nation's readiness for the dynamic regime, with online dispute resolution as its clear centre of interest (ODR). Each country and private boundary acquired e-commerce rules. The best kind of ADR known as ODR, is successfully serving its purpose for resolving disputes on a personal level. Global change giants like Amazon or Alibaba employ both face-to-face and desktop dispute resolution methods for exchange-related disputes. In order to help policymakers in Pakistan adjust to e-commerce, this study has provided an outline of the global system for ODR.
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Cite this article
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APA : Ch, S. N., & Jamal, S. (2023). International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan. Global Legal Studies Review, VIII(II), 94-103. https://doi.org/10.31703/glsr.2023(VIII-II).10
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CHICAGO : Ch, Sehrish Neik, and Shumaila Jamal. 2023. "International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan." Global Legal Studies Review, VIII (II): 94-103 doi: 10.31703/glsr.2023(VIII-II).10
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HARVARD : CH, S. N. & JAMAL, S. 2023. International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan. Global Legal Studies Review, VIII, 94-103.
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MHRA : Ch, Sehrish Neik, and Shumaila Jamal. 2023. "International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan." Global Legal Studies Review, VIII: 94-103
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MLA : Ch, Sehrish Neik, and Shumaila Jamal. "International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan." Global Legal Studies Review, VIII.II (2023): 94-103 Print.
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OXFORD : Ch, Sehrish Neik and Jamal, Shumaila (2023), "International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan", Global Legal Studies Review, VIII (II), 94-103
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TURABIAN : Ch, Sehrish Neik, and Shumaila Jamal. "International Inclination Towards Online Dispute Resolution: Trends and Issues in Virtual Commerce of Pakistan." Global Legal Studies Review VIII, no. II (2023): 94-103. https://doi.org/10.31703/glsr.2023(VIII-II).10