An Analytical Examination of the Regulation of Online Dispute Resolution in Nigerian Commercial Practice

Online dispute resolution, encompassing negotiation, mediation, and arbitration conducted through digital platforms, has gained significant momentum in Nigerian commercial practice following the COVID-19 pandemic's disruption of traditional in-person proceedings, yet the legal framework for ODR lacks statutory recognition and clear enforceability standards. This study analytically examines the legal foundations, enforceability standards, and practical limitations of online dispute resolution in Nigeria, focusing on e-arbitration clauses, electronic hearing procedures, and digital award enforcement. A doctrinal analysis of the Arbitration and Conciliation Act (as amended by the Lagos State ADR Law), the Electronic Transactions Bill, and Lagos Court of Arbitration ODR Rules was combined with interviews of 20 ODR practitioners and digital dispute resolution platform operators. Analysis of 25 ODR proceedings from 2020 to 2023 was also conducted. Results indicate that electronic awards are enforceable under existing statutory frameworks with appropriate authentication but that data protection requirements for ODR proceedings are undefined. Participation equality for parties with limited technology access creates due process concerns. International award enforcement of digitally-signed awards raises questions under the New York Convention authentication requirements. The study fills an important analytical gap in Nigerian ADR scholarship and concludes that a statutory ODR framework providing clear recognition and enforcement standards is required. Recommendations include amendment of the Arbitration Act to explicitly address digital proceedings, electronic award signature standards, and mandatory ODR accessibility standards for commercial platforms.

Keywords: online dispute resolution, e-arbitration, commercial law, electronic proceedings, Nigeria