An examination of the adequacy of the Nigerian arbitration and mediation act 2023 on electronic proceedings

An examination of the adequacy of the Nigerian arbitration and mediation act 2023 on electronic proceedings

Abstract: Electronic proceedings in arbitration gained increased attention following the outbreak of the Covid-19 pandemic. However, as in-person appearance in proceedings became impracticable and the nature and form of documents to be used in proceedings became more electronic, the promotion of electronic case management; adoption of virtual hearings; and examination of witnesses by remote means became the dynamic trend not only to satisfy the emergency needs in arbitration, but to establish a paradigm dictated by technology. The Nigerian Arbitration and Mediation Act, 2023 (AMA) repealed the Arbitration and Conciliation Act (ACA) Cap A18, LFN 2004 which made no far-reaching provisions on electronic proceedings. The AMA being a post Covid 19 legislation is expected to make valuable provisions in respect of effective utilisation of electronic proceedings as well as adequate protection of parties’ and third parties’ data and cyber rights. Using the doctrinal method, this paper assesses the adequacy of the provisions of the AMA in respect of electronic proceedings in arbitration. Appreciating the increasing need and necessity of the evolutionary involvement of electronics in arbitral proceedings, the paper suggests that there is the need for a regulatory framework for key issues relating to data protection, cyber security, party equality in electronic proceedings in arbitration, which the AMA and the Rules made thereunder might not have adequately addressed and therefore suggests amendments in respect thereto.

KIULJ Volume. 5, Issue 2 (2023)

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An examination of the adequacy of the Nigerian arbitration and mediation act 2023 on electronic proceedings