Arbitration Blog

Abstract Today, the adjudicatory system of arbitration is replacing the court, since it is considered to be more private, economic, rapid, certain, conducive to business relationships and in some jurisdiction finality of their decision. However, arbitration has its own limitation. For example, arbitrators may make mistakes and all advantages of arbitration may be for the “winners” of arbitration. That is why almost all countries in the globe agreed for the necessity of vacating an arbitral awards in case where the award is defective. The…
In the first part I had discussed some issues under the draft proclamation. This includes arbitrability of administrative contract, competency-competency, separability doctrine, pauper proceeding, appeal and the standard to challenge the arbitrators. In this part, I will briefly discuss the role of the court in arbitration proceeding, the New York Convention and the nature and impartiality of the Center as envisaged under the draft proclamation. 1. The role of the court in arbitration proceeding:- In every jurisdiction there is a competing and conflicting interest of…
Introduction When we come to commercial dispute which arise out of not respecting contractual obligations by one or more parties, settlement of dispute through court come in the for front. However, the existing Ethiopian court system is extremely sluggish, rigid and expensive. On the contrary arbitration is praised for its speedy proceeding, flexible process, confidentiality of the proceeding, finality of dispute which ultimately saves time and money. Although there are some critics against the heart of the system, arbitration stands out as one of the…
It would be appropriate to begin by saying few words about the New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards which was came into being in 1948. By the way, our Civil Procedure Code was enacted in 1948 E.C; while the convention was passed in 1948 G.C. Now, simply put, it is a very popular convention in the international arbitration community and is used to enforce an arbitral award (both commercial and non-commercial) in another country. The main point of this…
1. Introduction Arbitration has been a prevalent method of dispute settlement, in various countries of the world of today and yesterday. Arbitration is defined in the Black’s Law Dictionary as “a method of dispute resolution involving one or more neutral third party who is usually agreed to by the disputing parties and whose decision is binding.” Today, with what seems to be the increasing complexity of international arbitration proceedings, and concomitant concern on the part of users as to the efficiency of arbitration as a…
ግልግል በፍትሐብሔር ሕጋችን እውቅና ከተሰጣቸው የሙግት መፍቻ ዘዴዎች አንዱ እንደሆነ ይታወቃል፡፡ ተከራካሪዎችም ጉዳያቸውን ወደ ግልግል የሚወስዱት በመካከላቸው በሕግ ፊት የሚጸና የግልግል ስምምነት እስካለ ድረስ ብቻ ነው፡፡ በዚህ ጽሑፍ በግልግል ሂደት መብታቸው የሚነካ ሦስተኛ ወገኖች ምን ዓይነት መፍትሔ ሊያገኙ ይችላሉ የሚለውን ለመመልከት ይሞክራሉ፡፡ በዚህ ጽሑፍ ላይ የቀረበው በየካቲት ወር 2009 ዓ.ም ለገበያ ከበቃው ‹‹የግልግል ዳኝነት በኢትዮጵያ›› ከተሰኘው መጽሐፍ ላይ የተቀነጨበ ነው፡፡ ዝርዝር ሐሳቦችን ለማግኘት እንዲሁም ስለ ፍሬ ሐሳቡ በጥልቀት ለመረዳት መጽሐፉን ማንበብ ጠቃሚ ነው እላለሁ፡፡ ይህ ጽሑፍ የወጣው የሕግ ባለሙያዎች በየጊዜው ከሚገጥመን ወይም ሊገጥመን ከሚችለው የሕግ…
ማሪዮን ጆንስ፣ ማሪያ ሻራፖቫ፣ ክላውዲያ ፔከንስታይ እና ላንስ አርምስትሮንግን የሚያመሳስላቸው አንዱ በስፖርቱ ዓለም ገናና ስም የነበራቸው መሆኑ ነው፡፡ ማሪዮን ጆንስ የኦሎምፒክ የወርቅ ሜዳልያ ተሸላሚ ናት፡፡ አርምስትሮንግ ደግሞ በብስክሌት ግልቢያ የሚያህለው አልነበረም፡፡ ማሪዮን ጆንስ አጭሩን ርቀት በሚያስገርም ፍጥነት ታጠናቅቅ ነበር፡፡ የአሸናፊነት ምልክትም ሆና ለብዙ ዘመን ቆይታለች፡፡ አርምስትሮንግም እንዲሁ፡፡ ከችሎታውና ብቃቱ የተነሳ ስፖንሰሩ ለመሆን ያልተሯሯጠ ኩባንያ አልነበረም፡፡ በአንደኝነት ያላጠናቀቀበት ውድድርም ማግኘት አዳጋች ነበር፡፡ ‹‹ቱር ደ ፍራንስ›› በመባል የሚጠራውን የብስክሌት ውድድር ብዙ ጊዜ አሸንፏል፡፡ በብር ላይ ብር፣ በክብር ላይ ክብር ደርቧል፡፡ እሱ ካለው ዝና የተነሳ የካንሰር ታማሚዎችን የሚደግፈው…
An interesting article, published on Jimma University Journal of Law, entitled “the immediate appealability of a court order against arbitration: it should be allowed and even made compulsory”, argues that an immediate appeal against a court order which is against arbitration must be allowed; article 320/3/ of the Civil Procedure Code should be amended to take the special nature of arbitration into account. This post counter argues the thesis forwarded by Mr. Berhanu Beyene, the author of the article cited above: there lies no reason…
In 1996 the case between Arab Republic of Egypt v Chromalloy Aero services brought a new debate to the international arbitration world. Chromalloy Aero services (“Chromalloy”), an American corporation, entered into a military procurement contract with the Air Force of the Arab Republic of Egypt (“Egypt”) to provide parts, maintenance, and repair for helicopters. A dispute arose and Chromalloy commenced arbitration proceedings on the basis of the arbitration clause in the contract. An arbitral tribunal found for Chromalloy. Egypt filed an appeal with the Cairo…
Introduction Arbitration is crafted in a way that can satisfy parties’ interest from the beginning until final award is rendered. In each step, decisions rendered by arbitrators may potentially affect the interest of adversarial parties. Any one closely following the evolvement of international commercial arbitration will not be surprised to see interim measures of protection become a centre of debate. From the publication of scholarly articles until the amendment of UNICTRAL model law, the international arbitration community is making various efforts to adopt uniform application…
What would you answer if you are confronted with a question: is appeal a fundamental right? Would you say yes, no or neither? I think the argument leans towards yes, does not it? Art 20(6) of the constitution affirms the right of any person to “appeal to the competent court against an order”; yet, I do not aim to discuss appeal in courts, but its general perception in arbitration. Before any arbitration proceeding is underway, it presupposes a valid dispute settlement clause. In the book…
I say 1958 was a year the international arbitration world took a remarkable move. The UN and other parties interested in international arbitration embarked an international convention to recognize and enforce foreign arbitral awards. The convention was signed in New York, The New York Convention to Recognize and Enforce Foreign Arbitral Awards (NYC), and it became the most popular convention in the whole wide world. The major trading nations, those that appear to be antagonistic have signed it without any kind of reservation. Thus far,…
It will be unwise to begin the essay without introducing the reader about injunction in Ethiopian Civil Procedure Code (CPC). Injunction is one form of provisional measure ordered by a competent judicial organ to the requesting party. Robert Allen Sedler, a famous author on Ethiopian civil procedure, says that it may be necessary to make provision for the protection of the parties and the maintenance of the property in dispute pending the final determination of the case. The court is vested with exclusive power to…