Full Description
This book is the first-ever to explore commercial arbitration in the Ethiopian context. Alternative conflict resolution mechanisms are nothing new to the country: arbitration as a dispute settlement mechanism by which a third party issues a binding decision on a dispute between two or more parties by exercising the jurisdictional mandate conferred on it by the parties themselves was established with the adoption of the Civil Code in 1960. This pioneering book evaluates the extent to which Ethiopia's laws and institutions allow disputing parties to effectively reap the benefits of international commercial arbitration. It interprets the relevant legislation and attempts to bridge the gaps in it, in order to help lawyers, arbitrators, arbitral institutions, academics and judges to understand and apply it. It also helps parties seeking to complete international transactions pertaining to Ethiopia make the right choice regarding conflict resolution.
Contents
Ethiopia and Its Legal System: The Context.- Arbitration Agreement: Validity, Lapse and Interpretation.- Arbitrability.- The Normative Basis for Decision on Merits and Procedural Conduct of Arbitration: The Extent of Party Autonomy.- Kompetenz-Kompetenz and Separability.- Judicial Review of Arbitral Awards.- Recognition and Enforcement of Arbitral Awards.- The Institutional Setting for International Commercial Arbitration.
