“Interim measures in arbitration proceedings under Ethiopian law: the law and practice”
No Thumbnail Available
Date
2024
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
The existing arbitration law in our country has long lacked comprehensive coverage of interim measures, but the introduction of the new Conciliation and Arbitration Proclamation has improved the legal framework in this regard. However, there are still debatable issues and different interpretations of the law, limiting parties' options for seeking interim relief and urgent relief before the establishment of an arbitral tribunal. The proclamation grants both the court and the tribunal the power to issue interim measures, but the conditions for the court's intervention and the jurisdiction of the court are not clearly defined. The proclamation also imposes two cumulative conditions for granting an order of interim measure, potentially limiting the issuing authority's discretion. The requirement of security for the requesting party is determined solely at the discretion of the issuing authority, potentially causing financial burdens. The appeal process and execution of tribunal-issued orders also lack clarity. This research suggests the need for further refinement and clarification to ensure the effectiveness and consistency of interim measures in arbitration proceedings.
Description
Keywords
Interim measure, Standards, Security, Jurisdiction of courts