The Degree of Court’s Control on Arbitration under the Ethiopian Law: Is It to the Right Amount?

Abstract

A look at the Ethiopian arbitration law (Arts.3325-3346, Civil Code (herein after referred as C.C); Arts.315-319 and 350-357 Civil Procedure Code (herein after referred as Civ.Pro.C)) reveals that courts in Ethiopia control arbitration by such avenues as appeal, setting aside and refusal. Of the Ethiopian arbitration literatures published over the years, those related to the topic of this work are three. These works are by Aschalew, Tewodros and more recently by Hailegabriel. None of these authors’ works, directly and systematically, examines whether these avenues lead to excessive or inadequate intervention of courts into arbitration and they all overlook the avenue of refusal, particularly in terms of domestic awards. One of the authors, Tewdros even makes a mistake in his article in taking setting aside as one and the same thing as appeal.