Review of Arbitration in Ethiopian Construction Industry
No Thumbnail Available
Date
2014-05
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Addis Ababa University
Abstract
Disputes in construction industry are frequent because of the uniqueness and complexity of construction projects. Court is not effective in solving construction disputes because of the technical nature of construction disputes. However, Arbitration is considered to be an effective final dispute resolution mechanism in solving such disputes. In this thesis the acceptance and awareness level of Ethiopian construction parties about arbitration is reviewed. This is done for contributing for the effectiveness and efficiency of alternative dispute resolution mechanisms in the country where massive construction projects are being undertaken. Theoretical analysis about arbitration and its procedure as per the Ethiopian law and as per the local arbitration institute has been done. Questionnaires are distributed for local contractors and clients in order to investigate their awareness level about arbitration. Also interviews were conducted with selected professionals who have ample experiences in arbitration for commenting for the future improvements of arbitration in the construction Industry of Ethiopia. This research clearly shows that there is less awareness and confidence about arbitration among the construction parties of Ethiopia. The low awareness about arbitration among the construction parties of the country and their lack of confidence in arbitrators’ impartiality and enforcement of arbitration awards, the existence of only one local arbitration institute and its being in infant stage and the inarbitrability of administrative contracts are what discouraged arbitration in the construction industry of Ethiopia. Further ways of promoting and improving arbitration in the construction industry of Ethiopia are described in the recommendation part of the thesis.
Keywords: Arbitration, Court, ADR, Construction Industry.
Description
Keywords
Arbitration, Court, ADR, Construction Industry