CEU Electronic Theses and Dissertations, 2009
Author | Gerese, Solomon Emiru |
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Title | Comparative Analysis of Scope of Jurisdiction of Arbitrators under the Ethiopian Civil Code of 1960 |
Summary | Arbitration has become an important means of dispute resolution. This dispute resolution mechanism can work efficiently only if its autonomy is protected against unwarranted and obstructing court intervention. The doctrine of separability and competence-competence as well as arbitration friendly interpretation of ambiguous and unclear arbitration clauses are important features of modern arbitration law designed to maintain the autonomy and efficiency of the arbitration process. This thesis surveys the position of the civil code of Ethiopia with respect to these important features of modern arbitration law and shows how the code has left much to be desired compared to the arbitration laws of major jurisdictions and UNCITRAL model law, and makes suggestions for judicial activism and legislative amendment to update the code with these developments of arbitration law. |
Supervisor | Varady, Tibor |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2009/gerese_solomon.pdf |
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