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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Choice of law in international contracts for the transfer of technology: a critique of the Nigerian approach
Author:Nnona, George
Periodical:Journal of African Law
Geographic term:Nigeria
Subjects:international law
private law
Abstract:This article presents a case study of private international law in Nigeria. It deals with the practice of the Nigerian National Office for Technology Acquisition and Promotion (NOTAP) to insist that in contracts for the transfer of technology involving Nigerian parties on the one hand and foreigners on the other, Nigerian law must be chosen as the law governing the obligation of the parties under the contract. It examines the legality and relevance of this approach, which is implemented through NOTAP's Revised Guidelines on Acquisition of Foreign Technology, against the background of the provisions of the NOTAP Act of 1990; looks at the doctrinal bases of choice of law; and discusses practical implications of choice of Nigerian law in the context of the level of development of relevant Nigerian legislation. It is clear from a proper reading of the NOTAP Act, that NOTAP has no power to compel a choice of Nigerian law in international technology transfer agreements. Assuming that it has such power, its approach to choice of law should be in line with the demands of international business, facilitating it rather than detracting from its development. Even if the choice of law in technology transfer agreements is to be regulated, it should not be through a blanket prohibition of choice of any law other than Nigeria's. A more refined approach can be devised, in line with the practice in other jurisdictions. A wrong approach may prove harmful to foreign investments and technology transfer. Notes, ref., sum. (p. II).