Arbitrability of Administrative Contracts Under Ethiopian Legal System: Critical Appraisal

Abstract

Disputes or differences between or claims of the parties which may arise from certain legal relationship could be settled outside of ordinary courts through the mechanism called alternative or amicable dispute resolution mechanisms, alternative to the litigation. These extra-judicial mechanisms of resolving disputes or differences or claims of the parties, inter alia, are negotiation, mediation and arbitration. The first two are essentially negotiation mechanisms and the third one is decisional mechanism where parties’ appointed judges or experts give decision on the point on which parties are at issue based on the principles of the law. The point of worth consideration is to wonder if all matters are capable of settlement by arbitration. Based on county’s public policy consideration, some matters are arbitrable whereas other matters are in arbitrable. The objective of this paper is to analyze whether disputes emanating from administrative contracts are capable of settlement by arbitration or otherwise in Ethiopia under the relevant laws and to survey what the practice looks like in relation to the same. Thus, doctrinal legal research methodology is employed to attain the objective. The findings of the study reveal that there is no uniform practice as to arbitrability of administrative contracts in Ethiopia and there is also no administrative procedure legislation that addresses the problem at hand.

Keywords: arbitrability Administrative contracts   Alternative Dispute Resolution

DOI: 10.7176/JLPG/105-02

Publication date: January 31^st 2021