Choice of law in international contracts for the transfer of technology: a critique of the Nigerian approach

Abstract

The practice of the National Office for Technology Acquisition and Promotion has been to insist that in contracts for the transfer of technology involving Nigerian parties on the one hand and foreigners on the other, Nigerian lawmust be chosen as the law governing the obligation of the parties under the contract. This article critically examines the legality and relevance of this approach and considers in particular the relevant legislation, the doctrinal bases of choice of law and the practical implications of the choice of Nigerian law in the context of its legal development. The article concludes that the current position needs to be reviewed in that the current approach may ultimately prove harmful to foreign investment and technology in the country.