Factors Determining the Choice between Public and Private Adjudication in Ethiopia: Focusing on Commercial Disputes
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Date
2018-01
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Addis Ababa University
Abstract
In this day, an alternative commercial dispute resolution mechanism is a very popular topic in the globe. It is one of the crux interests of business communities and important aspects in legal studies. The focus of current study is to understand the effect of determinant factors on the choice between public and private adjudication in Ethiopia upon commercial disputes. To identify the research problem, the back bone on this study is the primary data sources which are comprised of customer and expert opinion and the researcher use also a secondary data which are a comprehensive literature review. Three Hypotheses are developed to see the determinant factors on the choice between public and private justice systems in Ethiopia. Of all the independent variables on the overall customer preference are cost, time, and enforcement. The hypotheses show that all these have significant determinate factors on the choice between public and private justice systems in Ethiopia in the commercial disputes. These hypotheses came from the literature review and the researcher first impression opinion. All the hypotheses have also proved with the help of customer and expert opinions through primary data. But results show that enforcement is a major determinant factor. Surprisingly, through the course of the research the study has got other major determinant factors which are: awareness and institutional capacity though they were not set as factors on the first hypothesis. Cost and time have not considered as the major determinant factors on the choice between public and private adjudication in Ethiopia upon commercial disputes. The regression analysis on the result discloses that cost and time are insignificant, which means they are not consider as major determinant factors on the choice between public and private adjudication in Ethiopia upon commercial disputes. By and large, the result shows in the regression analysis, if all the independent variable (determinant factors) is found to be there, customer preference probably will increase as that of the resulted factors on the coefficients, keeping other things are constant. The Researcher has proved the hypothesis through empirical data. However, the literature reviews have important places on this study.
Keywords: The choice between Public and private civil justice systems in commercial dispute settlement mechanisms with respect to cost, time, enforcement, awareness, capacity.
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Keywords
The choice between Public, and private civil justice systems, in commercial dispute settlement, mechanisms with respect to cost, time, enforcement, awareness, capacity.