The Prospect of Commercial Arbitration in Ethiopia: A Practice Oriented Study
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Date
2008-03
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Addis Ababa University
Abstract
Commercial arb itration, an alternative method of dispute settlement, is an integral
element in contemporary dispute settlement modalities, both nationally and
internationally. Commercial arbitration is proved more confidential, flexible and speedy
compared to the orthodox di spute settlement modality, court litigation. With due regard
to these advantages, Ethiopia has also adopted the basics of commercial arbitration in its
Civil Code and Civil Procedure Code. Likewise, there are also some arbitration
institutions that purport to enhance application of commercial arbitration in Ethiopia.
However, commercial arbitration in Ethiopia is still at an embryonic stage. The law is
scanty and riddled with inconsistencies. The practice too is yet fledgling due to the
multitude of factors that inhibit its progress. Lack of awareness is immense, both within
the business community as well as among those who apply the law. Attitudinal
challenges are also serious predicament, and more there is the question of arbitrators'
code of conduct and integrity. Nonetheless, however debilitating the challenges of
commercial arbitration in Ethiopia are, it is possible to revive the commercial
arbitration in Ethiopia if measures are taken to address the existing challenges and
revitalize the legal and institutional settings to enhance the progress of commercial
arbitration in Ethiopia.
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Commercial Arbitration in Ethiopia