Analysis of the Exisisting Ethiopian Bitration Law in Light With the Uncitral Model Law on Arbitration
| dc.contributor.advisor | Keneaa, Zekarias (Associate Professor) | |
| dc.contributor.author | Tilahun, Yared | |
| dc.date.accessioned | 2018-10-16T08:54:31Z | |
| dc.date.accessioned | 2023-11-08T11:45:41Z | |
| dc.date.available | 2018-10-16T08:54:31Z | |
| dc.date.available | 2023-11-08T11:45:41Z | |
| dc.date.issued | 2018-01 | |
| dc.description.abstract | Obviously, arbitration is one of the well known amicable dispute resolution schemes recognized, virtually, in all modern polities across the globe. Currently, the power given for the arbitral tribunal started to contest the ordinary jurisdiction of regular courts especially in regard to international commercial areas because of the parties’ agreement to avoid or minimize the intervention of courts in their business dealings. Accordingly, many disputantsL avoid the recourse to national courts thereby settling disputes arising in the course performance of their respective obligations. Nowadays, countries are striving towards adopting arbitration friendly legislation with the view to accommodate the highly changing situation of the globalization in the area of commerce. Patently, Ethiopia cannot be different from the rest in promulgating more comprehensive and holistic arbitral legal regime to have an enabling environment for foreign direct investment (FDI). The existing, Ethiopian arbitration law seems to be obsolete and inadequate in dealing with the highly booming situation of commercial globalization. In Ethiopia the 1960 civil code and the 1965 civil procedure are the outdated substantive and procedural laws respectively, save for AACCSA (Addis Ababa Chamber of Commerce and Sectorial Associations) institutional arbitral rules, put in place to regulate the subject matter. Unlike Ethiopia, most nations including developing countries are doing better either in amending their arbitral regime or acceding to modern arbitration conventions like the New York and Washington convention on arbitration to attract the seat and the sight of arbitral institutions and investment actors, too. Besides, the role of UNCITRAL model law in international commercial arbitration especially in harmonizing the disparate arbitration rules of nations regardless of the political and economic `ideologies in an intricate and palatable fashion cannot be neglected .The intricate nature of the model law largely lies on the constructive involvement of the regular courts in arbitration process | en_US |
| dc.identifier.uri | http://etd.aau.edu.et/handle/123456789/12769 | |
| dc.language.iso | en | en_US |
| dc.publisher | Addis Ababa University | en_US |
| dc.subject | Exisisting Ethiopian Bitration Law | en_US |
| dc.title | Analysis of the Exisisting Ethiopian Bitration Law in Light With the Uncitral Model Law on Arbitration | en_US |
| dc.type | Thesis | en_US |