scholarly works
Permanent URI for this collectionhttps://repository.ui.edu.ng/handle/123456789/353
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Item The congency of jurisdiction in e-commerce in Nigeria: lessons from EU(2017) Ibitoye, R. T.The internet has widened the scope of e-commerce and online contracting in recent years. Hence, the hallmark of traditional business activities- “location” at the physical level is no longer significant in e-commerce,1 that is, contracts entered into online have no physical territorial venue or meeting-point and that is why a consumer in Nigeria can engage in e- commerce transaction with a United States-based company without ever meeting face-to- face. However, if legal issues subsequently arise, location returns to the starting point, that is, when and where a contract is made and the law and tax regimes that will govern the transaction.' Therefore, the issues that arise whenever a dispute occurs and the questions that readily come to mind are: In case a dispute occurs, which court will have power to hear the case? Is it the court in the country where the contract is to be performed, or the court in the country where the seller's place of business or consumer is located? Which law will apply, i.e, the choice-of-law? Are there alternative means of resolving online disputes apart from litigation, and can they be included in the contract terms?As there is no law in existence in Nigeria pertaining to jurisdiction and choice of law rules in online transactions, this article will examine and draw lessons from Brussels 1 Regulation3 and Rome Convention (European Union laws); and review the need for a harmonised international law on jurisdiction and choice of law to ensure certainty of decisions in e-commerce transactions globally, and particularly in Nigeria.Item The use of online disputes resolution mechanisms in the settlement of commercial disputes in Nigeria: challenges and prospects(2018) Eyongndi, D. T.; Ibitoye, R. T.Commercial transactions have gone beyond traditional face-to-face level to online. Today, the distance between a seller and a prospective buyer of goods and services is only a click away as the internet has transformed the world to a global village. The evidence of this is seen in the emergence of online supermarkets such as jumia, konga, amazon, ebay, yudala, jiji, OLX, etc. which offer various products and services. It is needless to emphasize that in the course of transacting business whether online or offline, dispute may arise, hence, the need for disputes resolution. Traditionally, litigation have served as the main dispute resolution platform but due to certain inadequacies such as technicality and formality, there have been a move to Alternative Dispute Resolution (ADR) which is reputed as being informal, confidential, relatively cheap, speedier, etc. However, in settling disputes, providers and users of ADR have moved from offline ADR to online ADR (ODR) which is the use of online ADR Mechanisms in the online environment mainly precipitated by e-commerce. These ODRs mechanisms include online mediation, arbitration and negotiation through technological devices such as e-mails, e-signature, video-conferencing and chats. This article examines the meaning of ADR and ODR by accentuating the differences between them. It also discusses the types of ODR mechanisms, the legal framework of traditional ADR and ODR in Nigeria. The article further highlights the challenges confronting the utilization of ODR in Nigeria and ways to overcome them as well as the prospects of ODR in Nigeria. It makes some recommendations especially the need for the amendment of the Arbitration and Conciliation Act to give ODR statutory backing before concluding.