ONLINE ARBITRATION: A THREE JURISDICTIONAL COMPARISON

Tochukwu Nkiruka Nwachukwu

Abstract


Arbitration is a popular method of dispute resolution for many parties who seek to avoid the costs, delays, and publicity of litigation. Of late, arbitration has moved online because of the penetration of technology into arbitral process. The outbreak of Covid – 19 has also skyrocketed the influx of technology in arbitral process. Online arbitration is a form of dispute resolution using the internet as the main medium in conjunction with other technology such as multipoint video conferencing. It is an effective dispute resolution mechanism which has come to stay. However, the extent and scope of online arbitration vary across different jurisdictions. This work, aimed at comparing online arbitration in three major arbitration hubs: Nigeria, USA, and India. The objective of the paper is to investigate whether under their legal system there are laws which specifically provide for online arbitration in those jurisdictions. The work adopted doctrinal research methodology through library based and internet materials. The work finds that their legal system accommodates online arbitration. It therefore recommends that online arbitration should be legally incorporated for a better application and practice globally.

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