Arbitrability of Disputes Emanating From Administrative Contracts Under the Ethiopian New Arbitration and Conciliation Law
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Date
2022-09
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Addis Ababa University
Abstract
Because of absence of legal certainty, arbitrability or otherwise of disputes resulting from
administrative contracts in Ethiopia had been a topic of debate among academics and
practitioners. However, since the country has recently adopted the Arbitration and Conciliation
Working Procedure Proclamation No. 1237/2021 that governs arbitration of disputes through
arbitration, this paper therefore is intended to examine the arbitrability or otherwise of disputes
arising from administrative contracts in light of the new Proclamation. Regarding the
methodology, since it is doctrinal legal research, the researcher employed qualitative research
approach. Data are collected from primary and secondary sources through interview and
document analysis, and analyzed using thematic analysis. Accordingly, the findings of the study
reveal that the new Law is more restrictive in permitting arbitrability of administrative contract
disputes. Furthermore, the findings show that the new Law has opportunity in attracting foreign
investment; besides, the Ethiopian administrative contract law is outdated in many aspects. As a
result, the study recommends the Ethiopian parliament to amend the new Law to permit such
disputes to be arbitrable in principle and to be non-arbitrable exceptionally. And to amend the
administrative contract law.