The Existing Confusion and New Developments of Arbitrability of Administrative Contracts in the Ethiopian Legal System

Authors

  • Yosef Workelule Tewabe

Keywords:

Keywords: Arbitration, Arbitrability, Administrative Contracts, Ethiopia

Abstract

Abstract
This article claims the existence of inconsistencies under the old Ethiopian laws regulating
the arbitrability of administrative contracts and the confusion among legal scholars and
practitioners because of the inconsistent stipulations of the old legislation. It also shows the
reader the improvements made by the New Arbitration and Conciliation Working Procedure
Proclamation No. 1237/2021 to resolve those inconsistencies and confusions. Further, the
article indicates how far the new arbitration proclamation goes to find solutions to the
existing confusion and to influence the current practice of adjudicative bodies in Ethiopia.
By using a descriptive qualitative data analysis method, the study has revealed the existence
of major improvements in resolving the existing confusion on the arbitrability of
administrative contracts under the new proclamation, which prohibits arbitrability of
administrative, contracts unless specifically allowed by law, and repealed all pre-existing
legislation that confused the subject matter and made it difficult for implementation. Finally,
the study has also given special focus to the discretion given to the legislators to allow
arbitrability of administrative contracts through special legislation and it is recommended
that this discretion should be used only with a sufficient justification, such as where the
public interest and investment flow-related reasons require doing so.

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Published

2023-11-11

How to Cite

Yosef Workelule Tewabe. (2023). The Existing Confusion and New Developments of Arbitrability of Administrative Contracts in the Ethiopian Legal System. Hawassa University Journal of Law, 7. Retrieved from https://journals.hu.edu.et/hu-journals/index.php/hujl/article/view/953

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Section

Articles