Entertainment And Media Industry Disputes Resolutions

Entertainment and media industry has to invest a lot to create commercial contents. This also necessitates the protection of such digital contents in both online and offline environment. Although creation of digital contents requires lots of efforts, money and manpower yet its violation and misuse requires little effort and expenditure. This is the reason why there are lots of entertainment, media and film industry related disputes these days.

A very strange trend in the Asian countries, especially India, regarding entertainment, media and film industry related disputes is that they are essentially resolved through traditional litigation methods. There is hardly any use of alternative dispute resolution (ADR) or online dispute resolution (ODR) methods to resolve such disputes.

Even more bizarre is the fact that such disputes are seldom taken to International level, informs Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law and a Neutral at World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre. Although WIPO has a dedicated mechanism to resolve Entertainment and Film Industry related Disputes yet Asian Countries are mostly “Respondents” there, inform Dalal.

This shows that Asian countries are not utilising international platforms of organisations like WIPO for getting their disputes resolved. This is a trend that needs to be changed as use of ADR and ODR is certainly “More Beneficial” for Entertainment, Media and Film Industry, suggests Dalal.

However, despite all assurances, entertainment, media and film industry would not be encouraged to approach international platforms in the absence of national level participations. Perry4Law Techno Legal Base (PTLB) has opened a techno legal ODR platform where ADR and ODR is used for resolving all sorts of commercial and civil disputes that can be resolved using ADR and ODR.

With national initiatives becoming popular and frequently used, international platforms may also be approached later on. However, collaboration between national and international ADR and ODR institutions is need of the hour to achieve that objective.

Perry4Law And PTLB Suggested ODR Policy Of India

Online dispute resolution (ODR) and technology dispute resolution (TDR) are issues that have not been explored much by India. Even alternative dispute resolution (ADR) mechanism has also not been explored to the maximum possible extent in India.

Further, there are very few ADR and ODR service providers in India. However, when it comes to technology dispute resolution and techno legal dispute resolution services, there are only handfuls of ODR service providers in India.

Perry4Law and Perry4Law Techno Legal Base (PTLB) are providing the exclusive techno legal ODR and technology dispute resolution services in India. However, both ODR and Technology Dispute Resolution requires a National Policy for effective use in India, says Praveen Dalal, managing partner of Perry4Law and leading techno legal expert of India.

Presently India has no policy in this regard. Realising the same, Perry4Law and PTLB have provided the exclusive Technology Dispute Resolution Policy of India, informs Dalal.

The policy covers issues like legal standards of ODR, international harmonisation of ODR, cross border technology dispute resolution, cross border e-commerce dispute resolution, etc.

The policy has also suggested bringing suitable amendments in the arbitration and conciliation act 1996 that is the sole ADR law of India.

The policy has arranged and assembled all the possible information that Perry4Law and PTLB have shared in this regard so that individuals and international organisations like United Nations, United Nations Commission on International Trade Law (UNCITRAL), World Intellectual Property Organisation (WIPO), World Trade Organisation (WTO), etc can be benefited from the same.

Let us hope the Law Ministry of India in general and international organisations like UN, UNCITRAL, WIPO, WTO, etc would consider the same while formulating national and international policies, norms and regulations.

Cross Border Technology Transactions And Dispute Resolution

International commercial arbitration is becoming a preferable mode of dispute resolution. Generally, the stakes are very high in international commercial disputes and parties to the dispute do not wish to lock large amount of money in traditional litigation methods.

Naturally, alternative dispute resolution (ADR) methods like arbitration, conciliation, mediations, etc are more attractive than court litigations, which are more expensive, time consuming and less productive.

The scope of international commercial dispute resolution (ICDR) services in India is increasing day by day. ICDR can be availed of for disputes arising out of contracts on sales of goods, distributorship, agency and intermediary contracts, construction industry disputes, engineering and infrastructure contracts, intellectual property contracts, domain name dispute resolutions, joint venture agreements, maritime contracts, employment contracts, etc.

Further, information and communication technology (ICT) has given a new meaning to international commercial transactions and business. E-commerce has now become an indispensable part of our day to day commercial activities. This has also given rise to both traditional as well as contemporary international commercial disputes all over the world.

International commercial arbitration in India has been passing through a transformation stage. India is trying to harmonise its norms and regulations as per the international standards. Further, India is also trying to develop ADR capabilities at both individual experts’ levels as well as at institutional level.

Dispute Resolution of Cross Border Technology Transactions is the latest trend in international commercial arbitration, informs Praveen Dalal, managing partner of New Delhi based IP and ICT law firm Perry4Law. Further, Domain Name Dispute resolution Services in India would also see an increase in near future, informs Dalal. India must be ready to develop Online Dispute Resolution (ODR) Capabilities to encash upon these opportunities, suggests Dalal.

While opportunities are definitely there yet technology related dispute resolution would bring its own limitations and challenges. Let us see how the dispute resolution industry reacts to the same.

International Commercial Arbitration In India

Alternative dispute resolution (ADR) is increasingly seen as an effective alternative to traditional court based dispute resolution. ADR is speedier, economical and more effective than traditional litigation model. India has also been encouraging use of arbitration, conciliation, mediation and other ADR techniques to settle disputes out of court.

ADR may be used for both national as well as international dispute resolution. One area that actively looks upon ADR as a preferential mode of dispute resolution is international commercial arbitration. International commercial arbitration in India has also invoked interest of foreign investors and international business community.

International commercial arbitration is no more the simple one as it used to be. The emerging trends in International commercial arbitration indicate that it has become complicated and more demanding. This is especially true when information and communication technology (ICT) is used for dispute resolution. The advent of online dispute resolution (ODR) is a classic example of the same. Further, ODR is no more just technical or legal. Rather it has become techno legal in nature.

Both online dispute resolution in India and international commercial arbitration in India have been trying their level best to cope up with the contemporary international standards. However, even the international standards are themselves not uniform and there is an urgent need to have harmonised standards for ODR.

The scope of international commercial arbitration in India is increasing day by day. It can be availed of for disputes arising out of contracts on sales of goods, distributorship, agency and intermediary contracts, construction, engineering and infrastructure contracts, intellectual property contracts, domain name dispute resolutions, joint venture agreements, maritime contracts, employment contracts, etc.

India needs to fine tune its practices regarding international commercial arbitration, especially those pertaining to ODR. The future disputes resolution would rely heavily upon ICT and adapting the current dispute resolution model to the same is need of the hour.