THE VALIDITY AND ENFORCEABILITY OF ELECTRONICALLY SIGNED ARBITRATION AGREEMENT IN NIGERIA: A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK

Abstract

The rapid advancement of technology transforms the way businesses and individuals enter into agreements, including arbitration agreements. Electronic signatures have become increasingly popular, raising questions about their validity and enforceability in Nigeria. With the country's growing reliance on digital technologies, it is essential to examine the legal framework governing electronically signed arbitration agreements. The aim of this study is to critically analyze the legal framework governing electronically signed arbitration agreements in Nigeria. The objectives are to examine the current state of the law on electronically signed arbitration agreements in Nigeria, identify the challenges and gaps in the existing legal framework, and propose recommendations for improving the validity and enforceability of electronically signed arbitration agreements in Nigeria. This study employed a doctrinal research methodology, involving a critical analysis of relevant statutes, case laws, and academic literature. The study examined the Nigerian legal framework governing electronically signed arbitration agreements, including the Arbitration and Mediation Act, the Evidence Act, the Electronic Transactions Act, etc. The finding revealed that the Nigerian legal framework does not provide clear guidelines on the validity and enforceability of electronically signed arbitration agreements, leading to uncertainty and potential disputes. To address the challenges and gaps identified, the study recommended that clear guidelines and regulations should be established for the use of electronic signatures in arbitration agreements. Additionally, greater awareness and education are needed among legal practitioners and arbitrators on the use of electronic signatures in arbitration agreements. Collaboration between stakeholders is also necessary to develop best practices for electronically signed arbitration agreements. The study concluded that the legal framework governing electronically signed arbitration agreements in Nigeria is uncertain and requires clarification, highlighting the need for further development and refinement to ensure clarity and certainty in this area.