Mandatory Arbitration in Light of the new Ethiopian Arbitration and Conciliation Working Procedure Proclamation No. 1237/2021: A Doctrinal Study
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Date
2023-05
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AAU
Abstract
Ethiopian law is replete with statutes that broadly provide that certain disputes “shall be settled
by arbitration”. These statutory provisions impose arbitration on defined persons as the means
for settling their disputes with various public bodies and institutions (statutory arbitration) and
with other individuals. Thus, statutory arbitration can be defined as arbitration pursuant to an
enactment that provides for a dispute to be submitted to arbitration. This compulsory approach
to arbitration departs significantly from the consent-based model of arbitration.
This Thesis considers the legal framework for statutory arbitration in Ethiopia. It examines the
rationale for statutory arbitration, the applicable laws governing the arbitration process,
documents some of the statutes that provide for statutory arbitration and assesses the scope of
applicability of the newly enacted Arbitration and Conciliation Working Procedure
Proclamation No. 1237/2021 to mandatory statutory arbitration.
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Keywords
Ethiopia, arbitration, statutory arbitration, mandatory arbitration, consent