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Experts Discuss the Future of Virtual Hearing in Arbitral Tribunal

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Today, in the age of imagination, ‘virtual’ has become real, and even more so, the new normal in the face of the COVID-19 global pandemic. The world has dramatically changed in the past few months, including government lockdowns and gathering restrictions.

The question for many in the legal profession is this – “Where does that leave the administration of justice?” Courts around the globe have answered that question by taking a pragmatic approach.

Courts have been required to think both quickly and efficiently to ensure that, where possible, hearings can proceed with the use of virtual hearings.

Virtual hearings have been used to conduct hearings remotely in order to minimise the risk of the transmission of COVID-19 and to ensure the health of all parties in attendance is maintained.

There is a litany of issues concerning virtual hearings in the arbitral tribunal – from the right to fair hearing, witness tampering, security bridges, and the overall future of virtual hearings in a post-COVID-19 world.

These issues were at the centre of discussion at the recently concluded virtual hearing webinar organised by The Nigerian Bar Association Section on Business Law (NBA-SBL).

Speaking during the webinar, Samaa Haridi, a Partner at Hogan Lovells in New York, emphasized the standing of physical hearings and an increase in willingness to adopt virtual hearings. She said, “While we are going to see an increase no doubt in the number of virtual hearings as a result of COVID-19, I do not believe that it will be the end of physical hearings. I do think that sometimes there is no substitute for physical hearings”.

Samaa also spoke in detail regarding presenting evidence in a virtual hearing. In terms of presenting evidence, Samaa believes that the impact of the evidence presented may not the same when you are sitting in a physical room versus when you are in front of a computer.

Samaa posited that for a virtual hearing to successfully take place, the tribunal has to balance on one hand its duty to conduct the arbitration expeditiously and efficiently, and on the other hand the parties’ right to equal treatment and their right to be heard.

According to her, it could be helpful to get the parties to sign an agreement that they will not challenge the award should they agree to pursue a virtual hearing (although such an agreement may not ultimately fully protect against a risk of vacatur).

In the scenario where one party is opposed to a virtual hearing, it is necessary to look at the arbitration provision, the relevant institutional rules, the arbitration laws of the lex loci arbitri and any other applicable legal framework.

The Nigeria Arbitration and Conciliation Act, for instance, is potentially permissive of virtual hearings. Under Section 16.2 of the Act, “unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for the inspection of documents, goods or other property.”

If the tribunal determines to proceed with a virtual hearing, it should be after careful consideration of various factors, including what are the reasons for requesting a virtual hearing; do all parties have equal access to technology; is the hearing heavily focused on argument or on testimonial evidence; or what is the likely delay if the virtual hearing does not go forward.

Another issue is related to maintaining the integrity of the process of giving evidence and avoiding assistance to witnesses while they testify.  According to Samaa, the issue is not specific to virtual hearings.

Rather the issue becomes more complex in virtual hearings as you cannot see the environment where the witnesses are, nor can you tell to what extent the witnesses are being coached, or helped.

These issues need to be addressed by the tribunal and it is incumbent on the arbitral tribunal to remind the parties and counsel that no witnesses should be allowed to confer with counsel or with any parties’ representatives while they are giving evidence.

Additionally, the tribunal should work to ensure that only the designated individuals are in the room during the hearing, and it could also consider including in the witness oath, where applicable, confirmation that the witness is not being assisted and is not communicating with anyone while giving evidence.

Given the current environment, and only where appropriate, virtual hearings allow for the administration of justice to continue when physical hearings cannot take place.


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CAC to Sanction Companies with Incomplete Business Letters From August 1

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Corporate Affairs Commission (CAC) has announced that it will begin enforcing statutory requirements on the contents of company business letters from August 1, 2026, warning that defaulting companies will face sanctions.

CAC to Sanction Companies with Incomplete Business Letters From August 1

The commission disclosed this in a public notice signed by its management and posted on its X handle on Wednesday.

Recall that under the Companies and Allied Matters Act 2020, company business letters are required to clearly display key details, including the company’s registered name, registration number, directors’ present forenames or initials and surnames, any former forenames and surnames, and the nationality of every non-Nigerian director.

The requirement applies to all company business letters, including invoices, quotations, official correspondence and other business documents.

According to the CAC, the enforcement will cover the full application of Sections 304(1), 304(2) and 304(1)(c) of the Companies and Allied Matters Act 2020.

The commission said, “Commencing the 1st day of August 2026, the Commission shall enforce the full application of the requirements of sections 304(1) & (2) and (1)(c) of the Act with respect to company business letters with attendant sanctions for non-compliance.”

It reminded companies registered under the Act “to state in legible characters on its business letters, the present forename or initials and surname; any former forename and surname; and nationality of every non-Nigerian director as well as the company’s name and registration number.”

The commission urged affected companies to comply with the provisions before the enforcement date to avoid sanctions.

“The Commission remains committed to transparency, accountability and customer satisfaction as it strives to build a more resilient and responsive corporate regulatory environment,” the statement added.

 


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Kaspersky Warns of Data Security Risks for Users of AI Travel Planner

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Using Artificial intelligence (AI) for travel planning saves time and simplifies trip prep but poses significant data security risks, as almost 86 percent of users report privacy concerns, according to Kaspersky’s latest findings.

Kaspersky Warns of Data Security Risks for Users of AI Travel Planner

For instance, sharing sensitive details like your passport number or credit card can expose you to data breaches and identity theft.

Hackers can also use AI to imitate airlines or hotels to steal your money.

However, data security risks awareness is also high, which security experts call a good sign.

Kaspersky global research, revealed what drives active AI users to charge chatbots and AI-powered tools with the important responsibility of travel planning and how they estimate the security of such services.

The survey shows that the primary motivation for turning to AI in travel planning is to save time and simplify preparation, with 73 percent of users globally pointing out these benefits.

Other important advantages of AI in traveling, named by 65 percent  of respondents, are the search for information about the main attractions in the chosen location and personalised recommendations tailored to individual preferences. Additionally, 63 percent leverage AI to find the most favourable offers, while 61 percent trust it to uncover information that would otherwise be hard to find.

In fact, nowadays with the help of AI, an individual travel itinerary, matching all the requests and budget of a particular traveller, can be created in just a few clicks.

However, information provided by chatbots always needs to be double checked.

There have already been several instances where tourists encountered issues because they trusted AI too much and did not conduct their own research for the trip.

What is more, not only the information, but even links provided by AI need to be checked, as there may be malicious and phishing links among them.

Before clicking on a link from an AI chatbot it is recommended to check it with a cybersecurity solution, such as Kaspersky Premium, empowered with phishing detection.

AI and security

Apart from setting a route and searching for information, AI in travel planning in many cases is also responsible for booking hotels and even tickets, which inevitably requires sharing personal data.

The Kaspersky global survey revealed that not all travellers are ready to entrust AI with their personal information.

Almost half (48%) of global respondents see security risks in AI usage and try not to share any sensitive data with it.

Together with those, 37% who do not have many security concerns about AI still try to be careful while working with it.

86% of those who use AI for travel planning think about data security while working with these tools. Only 14% of travellers are confident that sharing any data with AI is totally secure.

According to the survey, travellers in Spain, the United Kingdom, Indonesia, Malaysia, and South Africa express the greater concerns about AI-related risks, while those in China, the United Arab Emirates, and Saudi Arabia in contrast display higher confidence in the security of AI systems.

“The survey highlights a noteworthy level of caution among travellers who use AI, which is a promising sign. A rational attitude is crucial for any type of online interactions, especially when we talk about personal data sharing. After all, your ‘private’ conversations with AI can still be exposed to cyber threats, or a favourable offer discovered by a chatbot may turn out to be nothing more than a scam.

This doesn’t mean you should abandon these digital tools altogether. Instead, stay mindful, avoid oversharing personal information, and think carefully while choosing which task you can assign to the AI. By doing so, AI-powered services can evolve into reliable assistants that help you tackle a wide range of challenges safely and effectively,” commented, Vladislav Tushkanov, Group Manager at Kaspersky AI Technology Research Center.


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Court Declares ARCON’s N60Bn Fine against Facebook Nigeria Illegal

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Justice Yellim Bogoro of the Federal High Court in Lagos has declared the N60 billion fine imposed by the Advertising Regulatory Council of Nigeria (ARCON) on Facebook Nigeria Operations Limited Illegal.

Court Declares ARCON’s N60Bn Fine against Facebook Nigeria Illegal

Justice Bogoro stated that ARCON regulator exceeded its legal authority and breached the company’s constitutional right to a fair hearing.

He, who made the declaration while delivering judgment in Suit marked, FHC/L/CS/2205/2024, declared ARCON’s Notice of Violation/Demand for Compliance dated 21 October 2024, unconstitutional, unlawful, null, and void, and barred the agency from taking further steps to enforce it.

The judge also held that ARCON lacked the statutory power to impose fines for alleged criminal violations under the Advertising Regulatory Council of Nigeria Act, 2022, without first obtaining a conviction from a court or other competent tribunal.

The dispute arose from ARCON’s claim that Facebook Nigeria displayed advertisements on Facebook and Instagram to Nigerian audiences without prior approval from the Advertising Standards Panel, contrary to provisions of the ARCON Act and the Nigerian Code of Advertising.

Following these alleged breaches, the regulator ordered the company to cease displaying the advertisements and imposed an N60 billion penalty.

Apparently dissatisfied with the development, Facebook Nigeria, through Mofesomo Tayo-Oyetibo (SAN), its lawyer, challenged the action, arguing that ARCON lacked the legal authority to determine criminal liability or impose punitive sanctions via an administrative notice without allowing the company to defend itself.

The company also argued that it does not own or operate Facebook or Instagram, claiming both platforms are owned and controlled by Meta Platforms Inc., a separate foreign entity.

But ARCON, represented by Akinlolu Kehinde (SAN), contended that Facebook Nigeria acts as Meta’s operation in Nigeria and should therefore be held responsible for regulatory violations related to advertisements on the platforms.

The regulator further argued that the notice was simply a compliance directive, allowing the company the option to comply, pay the specified violation fee, or face prosecution.

However, Justice Bogoro dismissed the regulator’s arguments.

The judge stated that Facebook Nigeria is a distinct legal entity from Meta Platforms Inc. and that ARCON failed to present credible evidence showing that the Nigerian company owns, operates, or controls Facebook or Instagram.

The court maintained that the argument that Facebook Nigeria represents Meta’s interests in Nigeria was insufficient to establish liability for the alleged advertising infractions.

Regarding fair hearing, the court ruled that ARCON violated Section 36 of the Constitution by accusing the company of misconduct and imposing a N60 billion fine without first hearing its defence.

Justice Bogoro also held that Section 57(4) of the ARCON Act explicitly requires the regulator to provide a fair hearing before imposing any penalty.

The court further found that the alleged violations were criminal because Section 34 of the ARCON Act designates the unlawful exposure of advertisements as an offence.

The judge also held that, since the Act stated that punishment can only be imposed “upon conviction,” ARCON had no authority to impose the N60 billion fine through an administrative process.

He insisted that, regardless of what ARCON called it, the demand was a fine that could only be imposed by a court following proper judicial procedures.

As a result, the court invalidated the Notice of Violation/Demand for Compliance.

It declared ARCON lacked authority to impose fines for breaches of Sections 34(3), 54, or other criminal provisions of the ARCON Act.

Justice Bogoro also issued a perpetual injunction preventing ARCON, its officers, agents, and associates from enforcing the October 21, 2024 notice against Facebook Nigeria.


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