Strategic role of ADR and future of e-commerce… Dr Shahid Hussain Kamboyo
As the number of people engaging in digital activities in Pakistan is rising day by day, the need for effective and robust conflict resolution channels becomes increasingly critical. With e-commerce bigwigs like Daraz.pk spearheading the move in the country’s online market, digital trade has the potential for massive expansion. Nonetheless, to maintain this growth and guarantee a level-playing field that is just and efficient for all stakeholders, Alternative Dispute Resolution (ADR) measures must be put in place.
Pakistan’s digital world has witnessed exponential expansion over recent years with platforms such as Daraz, Telemart and Yayvo operating as e-commerce enterprises while others like JazzCash and EasyPaisa are involved in fintech services. These forums have redefined how Pakistanis buy things, pay bills, or communicate resulting in unprecedented convenience and choice for shoppers. However, increased disputes come hand in hand with this growth whether it pertains to product standards, late deliveries, or payment anomalies. Consequently, most Pakistani online businesses resort to internal customer care units to settle these grievances. Sometimes these systems function though they lack the efficiency, neutrality, and openness needed for complex matters leading to customer dissatisfaction which may erode public confidence in the digital commerce space.
The importance of ADR mechanisms is seen in the review of global digital businesses. Companies like Amazon and eBay have long incorporated ADR processes such as online dispute resolution (ODR) platforms to manage conflicts between buyers and sellers effectively. These systems offer quick, impartial, and binding mediation, arbitration, and other ADR services that ensure that disagreements do not mushroom into prolonged legal battles that may harm both parties. For instance, eBay’s Resolution Centre allows customers to resolve concerns such as unpaid items or returns through an easy-to-use online platform where the two parties can talk and negotiate with the help of a neutral third party if necessary. Similarly, Amazon’s A-to-Z Guarantee Protection provides an easy way for customers to get their money back after making unsatisfactory purchases, often with Amazon acting as arbitrator in these disputes. These illustrations display how ADR mechanisms can enhance customer satisfaction, maintain business relationships, and facilitate smooth-running markets. As Pakistan continues to develop its digital economy similar ADR mechanisms will be essential for its future success.
The introduction of formal alternative dispute resolution mechanisms in Pakistan’s digital businesses can bring about many advantages. Digital businesses may boost customer trust and attract more users to their platforms by providing mediation processes that are neutral, equitable, and transparent. This makes the customers have confidence while transacting online knowing that there is a dependable structure for handling disagreements. Generally, ADR methods are more cost-effective compared to conventional lawsuits thus enabling disputing parties to resolve their issues without spending much on court proceedings. This is especially crucial for small-scale and medium-sized enterprises (SMEs) running within tight profit margins. By reducing the time and resources spent on resolving disputes, ADR mechanisms present a perfect opportunity for business organisations to concentrate on increasing innovation and growth. Companies can increase their budgets for new product development, expanding market share, or improving after-sales services.
With an increasing number of Pakistan’s digital businesses operating both locally and internationally, they must have a strong ADR system in place to handle disputes across borders. It enables companies in Pakistan to compete on the global stage through dispute-resolution methods that are commonly accepted worldwide. Litigation, unlike mediation, for instance, can be confrontational and ruin business relationships; therefore, it is beneficial to adopt measures like ADR.
Several steps need to be taken to fully leverage ADR within the digital economy of Pakistan. Consequently, it would be advisable for governments to enact or improve legislations that support the application of ADR systems in resolving online business litigations. This might include setting up online dispute resolution frameworks as well as making sure all decisions related to ADR are enforceable. It is necessary for professionals working in law, leadership positions at organisations, and mediators focusing on digital commerce conflicts to be trained exclusively in matters concerning alternative dispute resolution mechanisms. Consequently, this will guarantee that there exists a cohort of skilled individuals ready to put into action and manage these processes effectively. Additionally making the public aware of consumer benefits derived from adopting alternative dispute resolution mechanisms can facilitate their embrace. This goal can be achieved through targeted advertising campaigns, seminars, workshops, conferences, and partnerships with the industry.
As Pakistan’s digital economy continues to flourish, the integration of ADR mechanisms will be critical to ensuring a sustainable and prosperous future. By learning from global examples and adapting these practices to the local context, Pakistani digital businesses not only can resolve disputes more effectively but also build a stronger, more resilient digital marketplace that benefits everyone involved. The future of digital business in Pakistan is bright, but to ensure it shines as brightly as possible, the adoption of ADR is not just an option – it is a necessity.
Courtesy The Express Tribune