ONLINE ARBITRATION MECHANISM UNDER THE NIGERIAN ARBITRATION AND MEDIATION ACT 2023

Abstract

The emergence of technologies and applications has begun to significantly influence every sphere of human life and commercial transactions. The current advancement of technology has also crept into the domain of arbitration and has increased an unpredictable shift in the arbitral process to online arbitration, as a means of amicably resolving commercial disputes between parties. The main objective of this work is to appraise online arbitration mechanisms under the Nigerian Arbitration and Mediation Act 2023. The study explores the opportunities online arbitration create for enhancing efficiency and accessibility and cross-border enforceability of arbitral awards in Nigeria. However, legal challenges such as data protection, cyber-security, digital literacy and procedural fairness remain pressing issues requiring careful implementation and judicial interpretation in the conduct of online arbitration in Nigeria. Adopting doctrinal research methodology, the study conducts a detailed analysis of relevant statutory provisions including the Arbitration and Mediation Act 2023, the ICC Arbitration Rules 2021 and the rules of court, alongside key judicial decisions and roles some institutions play in the conduct of online arbitration. The study further elaborates the legal conundrums experience in the conduct of online arbitration in Nigeria. The study finds out that the Arbitration and Mediation Act 2023 do not make elaborate provisions for the conduct of online arbitration in Nigeria, save the storage and communication of arbitration agreement which really showed the intention of the Act to incorporate the practice of online arbitration in Nigeria. It recommends among others that internet facilities, which are the hub of online arbitration, should be facilitated to enable online arbitration to thrive better in Nigeria. The study concludes that although there is no specific legislation in Nigeria which governs the conduct of online arbitration in Nigeria, there are possibilities of deciphering such rules from the existing Arbitration and Mediation Act 2023 and the agreement of the parties when the need arises.