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We bring to you the December 2024 edition of the nota bene Update.

While technological innovations have undeniably enriched our existence by offering conveniences which were once thought unimaginable, they have also put before us certain unforeseen challenges. A spurt in innovations has led to an increase in exposure of one’s personal data, however at the same time, has led to growing concerns about its potential misuse, thereby increasing data privacy disputes. The courts in India have time and again recognised the importance of personal data and have made protection of personal data the cornerstone of individual privacy.

At the same time, with the evolution of data protection laws, arbitration as a mechanism of dispute resolution has also seen substantial growth in India. Over the past few years, India’s arbitration landscape has gone through several key developments, with an ongoing effort to refine the mechanism and align it with the international arbitration framework. According to a PwC report, 91% of the Indian companies surveyed consider arbitration over traditional litigation as the preferred choice of dispute resolution. It was also found that 82% of the companies surveyed with arbitration experience indicated that they would continue to use arbitration in future disputes. There appears to be an increasing tendency to refer disputes to arbitration by the parties as opposed to traditional mechanism of dispute resolution through protracted litigation.

In this edition we discuss the interplay between the data privacy framework in India and arbitration as a preferred mechanism for dispute resolution on data privacy matters.