The Jurisdiction of Arbitration Tribunals under the New Arbitration and Conciliation, Working Procedure Proclamation No.1237/2021
| dc.contributor.advisor | Fekadu Petros (Assistant Professor) | |
| dc.contributor.author | Zerihun Desalegn | |
| dc.date.accessioned | 2023-12-27T07:38:54Z | |
| dc.date.available | 2023-12-27T07:38:54Z | |
| dc.date.issued | 2023-05 | |
| dc.description.abstract | This research examines and analyzes the competence of an arbitration tribunal in deciding on jurisdictional disputes from arbitration law of Ethiopia and international commercial arbitration rules and other countries’ commercial arbitration laws perspectives. Major international commercial arbitration rules and most national commercial arbitration laws empower arbitration tribunals to decide on arbitration jurisdictional disputes. Similarly, the new arbitration law of Ethiopia enacted in 2021 gives authority to rule on disputes arising out of the validity or existence of the arbitration agreement unlike the civil code which empowered the regular court in determining arbitration’s jurisdictional disputes. This will help prevent an ill intended party from unnecessarily delaying the proceedings by taking the case to the regular court. Furthermore, such legislative measure taken on the competence of the tribunal to have power to rule on its jurisdictional controversy will attract foreign investment and develop the sector. However, the research finds out that the new Ethiopian arbitration law lacks clarity concerning the decision of the tribunal on a dispute arising out of its jurisdiction is deemed to be an award or not. Besides, the law lacks clarity as to whether or not the objection of the party against jurisdictional decision of the tribunal is considered to be an appeal and the legal status of the decision made by the first instance court. In addition to that, our law lacks explicit provision with respect to the material jurisdiction of courts to grant interim measures. As result of this there is no consistency and predictability between and among various levels of courts in their decisions. Thus, the law should be amended with the intention of avoiding such ambiguity thereby dispelling confusion on the matter. | |
| dc.identifier.uri | http://etd.aau.edu.et/handle/123456789/1189 | |
| dc.language.iso | en_US | |
| dc.publisher | AAU | |
| dc.subject | Arbitration, jurisdiction,Separability arbitrability | |
| dc.title | The Jurisdiction of Arbitration Tribunals under the New Arbitration and Conciliation, Working Procedure Proclamation No.1237/2021 | |
| dc.type | Thesis |