SUBMIT YOUR RESEARCH
Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-2 | Issue-04 | Sch Int J Law Crime Justice, 2019; 2(4):54-62
Review Article
The Extent of Court Intervention in Arbitration Proceedings: Ethiopian Arbitration Law in Focus
Alemnew Gebeyehu Dessie
Published : April 30, 2019
DOI : 10.21276/sijlcj.2019.2.4.2
Abstract
Arbitration, the contractual alternative of dispute settlement, though it has scored greater efficiency and become a venerable mode of dispute settlement in this business world; it has been encumbered by court intervention, nowadays. Court intervention is appropriate and justified almost in all jurisdictions in different degrees and contexts. However, unless its justifications, instances, and extent are well stipulated and fettered under national arbitration law, unwarranted interventions could restrain arbitration proceedings so that parties’ whished benefits and interests remain in vain. Therefore, this article is going to deal with rationalities, instances, and the extent of court intervention in arbitration proceedings. In doing so, it strives to divulge the extent of court intervention under international and Ethiopian arbitration laws. For this, the article uncovered that Ethiopian arbitration law is exposed to unwarranted and inimical court intervention in arbitration proceedings. There are premature court interventions and broader judicial review circumstances under the Civil Procedure Code and the Civil Code of Ethiopia. Underscoring the existence of the higher extent of court intervention instances, this article also tried to pinpoint solutions calling for an optimal extent of court intervention in arbitration proceedings. In doing so, parties can have a fair degree of autonomy and freedom guaranteeing and underpinning an efficient arbitration system. Last, as a way forward, the article has also called, including ratification of the New York Convention (1958), modification of the Ethiopian arbitration law in light of the modern arbitration laws from the international arbitration laws, foreign jurisdictions, and arbitration rules of renowned arbitral institutions.
Scholars Middle East Publishers
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
Browse Journals
Payments
Publication Ethics
SUBMIT ARTICLE
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
© Copyright Scholars Middle East Publisher. All Rights Reserved.