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5.1.2. Concerns related to ODR
♤ Infrastructural issues, including technical impediments like high speed internet, latest audio and video equipment’s etc. hinder widespread adoption of ODR in India. Further internet penetration is yet to reach many parts of India.
♤ Like ADR, ODR is also best suited to resolve only
certain types of disputes like damages that may be payable for breach of contract.
♤ Procedural issues, as, some cases may require discovery, interrogatories, recording the testimony of a witnesses and the cross-examination, which may not be convenient to process over the internet.
♤ Difficulty in enforcement of online awards, as, generally, the orders in execution are subject to appeals and this delays the process of execution.
♤ Other challenges include Privacy and data security due to rise in cyber-threats; lack of
digital literacy; lack of enough arbitrators, building trust among consumers etc.