Internet has changed the very perceptions of mankind. Internet today represent and embodies the single most important development in the history of civilization.
As on-line culture has become an integral part of modern existence, so has also emerged diverse ramifications of the same- commerce, regulations , exchange of money and thoughts, leisure academics. You want it and you have it on internet.
But another extremely important feature of net civilization and web behaviour is the emergence of tremendous disputes, differences, fights and controversies on the Internet relating to varied aspects of on-lineism.
Disputes are not new to our existence. In fact they have existed ever since the day of Adam & Eve. But disputes relating to on-line transactions & culture are extensively different in their nature, scope and treatment.
The resolution of these cyber disputes has emerged as an extremely important challenge. Courts of law do not present a practical option for reasons more than one:-
Firstly , because the world itself becomes a big courtroom.
Secondly , because of the global nature of the internet , the clarity as to which court would have the exclusive Jurisdiction to try the case is missing.
Thirdly litigation and the legal systems in different countries is different and can be extremely expensive and threatening to wipe out millions of legal entities into oblivion.
And there is considerable doubt relating to the efficacy of decisions given by the courts of one jurisdiction on a global level. In addition the sanction behind the enforceability of such a court decision in different jurisdiction is itself questionable. The system of adversarial jurisdiction would not stand the test of time in the context of the Internet.
In the light of the given scenario , alternate system of dispute resolution emerge as the best bet.