Online Dispute Resolution (ODR) and the Future of Digital Commercial Arbitration and Mediation in Nigeria

Abstract

The paper explores the potential and challenges of implementing Online Dispute Resolution (ODR) in Nigeria, especially in commercial arbitration and mediation. As digital commerce grows, ODR, using technology for resolving disputes, offers efficient and cost-effective alternatives to traditional legal processes. However, Nigeria's legal framework lacks comprehensive support for ODR. While existing laws like the Arbitration and Mediation Act (AMA), 2023 and the Evidence (amended) Act, 2023, acknowledge some electronic processes, they fall short of international standards such as the European Union’s Regulation on consumer ODR and UNCITRAL’s Technical Notes on ODR. The article uses a doctrinal method to assess the constitutional, legal, and judicial basis for ODR in Nigeria, comparing it with global trends. It highlights concerns over the enforceability of online arbitral awards, digital evidence admissibility, data security, and institutional readiness. Without legal and infrastructural reforms, Nigeria may be sidelined in global digital trade where ODR is standard practice. The paper recommends clear legislative backing for ODR, proactive judicial support, investment in technology by arbitral institutions, and collaboration between public and private sectors to overcome infrastructural and cultural barriers. It concludes that ODR is not optional but essential for Nigeria’s integration into the digital economy.