TECHNOLOGY AND ONLINE ARBITRATION IN NIGERIA: LEGAL FRAMEWORK, ENFORCEMENT ISSUES, AND EMERGING CHALLENGES UNDER THE ARBITRATION AND MEDIATION ACT 2023

Abstract

The increasing integration of technology into dispute resolution has transformed the practice of arbitration globally, giving rise to online arbitration as a viable alternative to traditional proceedings. This article examines the legal framework, enforcement issues, and emerging challenges of technology-driven arbitration in Nigeria, with particular focus on the Arbitration and Mediation Act,2023. The study adopts a doctrinal research methodology, relying on statutory provisions, judicial authorities, international instruments such as the UNCITRAL Model Law, and scholarly literature to assess the validity and enforceability of online arbitral proceedings. Comparative insights are drawn from other jurisdictions to highlight best practices and identify potential gaps in Nigerian law. Findings reveal that while the Arbitration and Mediation Act, 2023 introduces innovative provisions that facilitate electronic communication, virtual hearings, and recognition of online arbitral agreements, significant challenges remain. These include uncertainties surrounding confidentiality, cybersecurity, evidentiary standards, digital infrastructure, and judicial attitudes towards technology-driven dispute resolution. The enforceability of awards rendered through online processes also raises practical and interpretative concerns. The article recommends that Nigerian courts adopt a progressive approach in construing statutory provisions to support online arbitration, while policymakers should issue detailed guidelines on cybersecurity, data protection, and the authentication of electronic evidence, investment in digital infrastructure and training of arbitrators to further enhance the credibility of online arbitration. In Conclusion, the Arbitration and Mediation Act,2023 provides a foundation for technology-driven arbitration in Nigeria, but targeted reforms and institutional support are necessary to address emerging challenges and align practice with global best standards.