The intersection of
international arbitration and data protection law presents a complex and
evolving regulatory landscape, particularly in jurisdictions where domestic
data protection regimes are rapidly developing. This article critically
examines the International Council for Commercial Arbitration
(ICCA)-International Bar Association (IBA) Roadmap to Data Protection in
International Arbitration (the ‘Roadmap’) in the context of Nigeria’s Data
Protection laws. It explores how the Roadmap’s soft-law guidelines align with,
diverge from, or are challenged by Nigeria’s binding statutory framework,
especially regarding principles of lawful processing, cross-border data
transfers, data subject rights, and obligations of arbitration participants.
The article argues that while the Roadmap offers essential procedural
safeguards for practitioners, its practical utility within Nigeria must be carefully
assessed against statutory mandates enforced by the Nigeria Data Protection
Commission (NDPC). By situating the Roadmap within Nigeria’s legal
architecture, the article offers a nuanced perspective on reconciling
international best practices with local compliance demands in crossborder
arbitration. This analysis contributes to ongoing global discourse on embedding
data protection into arbitral procedure and highlights the broader implications
for regulatory harmonization and the legitimacy of international commercial
arbitration involving Nigerian parties.