International Commercial Arbitration

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.

Uses comparative analysis helping readers understand how Ethiopian law compares with those of leading foreign jurisdictions and international instruments such as the UNCITRAL Model law, and the New York Makes extensive reference to the jurisprudence of Ethiopian courts, foreign and domestic arbitral tribunals demonstrating the law as applied to the reader Affords the reader an insight into the level of institutional support that is accorded to arbitration in Ethiopia

Autorentext

Seyoum Yohannes Tesfay is Attorney-At-Law at GeTS Law Office in Addis Ababa.

Inhalt

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.