Browsing by Author "Alemayehu Tsehayneh"

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    E-Commerce Dispute Resolution Mechanisms in Ethiopia
    (Addis Ababa University, 2025-02-01) Alemayehu Tsehayneh; Aschalew Ashagre (PhD)
    E-commerce is part of the virtual world which facilitates B2B, B2C and other forms of market relationships. Dispute is unavoidable facts in economic relationships. The Problem worsened when disputes arise out of virtual relationships. No law governs the virtual world for internet has no jurisdiction. In various nations, disputes out of e-commerce are regulated based on outdated traditional laws. Nowadays, e-commerce is the choice of all in spite of the fact that e-dispute resolution mechanisms are staggering. This thesis has examined E-commerce Dispute Resolution Mechanisms in Ethiopia. E-commerce dispute resolution mechanisms are plausibly enshrined under the various legislations, regulations and directives in Ethiopia. However, the practice is incredibly crawling and no courts, quasi-judicial bodies, associations, regulatory practices and institutions are addressed any complaints from e-consumers or e-traders. All the redress mechanisms enshrined under various legislations did not consider peculiar nature of e-commerce practices and institutional arrangements in Ethiopia. No structurally independent institutions which really serves e-marketplace actors interests. ADR/ODR, internal or in-house code of conduct, regulations as well as ombudsman offices are some redressing mechanisms enshrined under Ethiopian legal regime. Establishment legislation and regulation of ECX, Custom Authority, Chamber of Commerce, and The Capital Market Authority properly recognize functional equivalence and evidentiary weights of e-documents. Besides, they inculcated various e-dispute resolution mechanisms ranging from ADR/ODR to establishing external dispute resolution agencies to protect e-financial consumers. E-consumer protections, except financial consumers, are left unattended in Ethiopia. ODR introduced under the draft Electronic Commerce Regulation for the first time. It still waits for ratification. Having plausible, easy and accessible redress mechanisms boost e-consumers’ confidences. However, the practice in Ethiopia showed scattered regulatory practices and poor institutional integrations. These made e-consumers in Ethiopia vulnerable for any market abuses. E-disputes redress practices are far behind expectations. No courts entertains any e-commerce marketplace disputes. After the ratification of Proclamation 916/2015, adjudicatory roles of many executives were moved to the Ministry of Justice, quasi-judicial bodies were established as proper courts under the aforementioned ministry. However no consumers have any knowledge of the establishments of these courts. This radically declined the confidence of e-consumers. Except the NBE, all institutions left e-consumers to absorb grievances out of e-marketplace relationships. E-financial consumers properly protected through stringent directives and follow-ups from NBE and Eth-switch. E-commerce actors are also unregulated. The operators did not properly posted disclosure terms. Surprisingly, two of the operators employ California Consumer Protection Act for consumer data protection in which Ethiopia is not party. Many of the contractual terms have adhesive mode. Survey made in the courtrooms and authorities showed that e-consumers as well as officials have no knowledge of e-commerce market place disputes and its redress. Integration among various government bodies and awareness creation sessions are recommended so as to educate e-consumers rights