Papers by yosef workelule
This article claims the existence of inconsistencies under the old Ethiopian laws regulating the ... more 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new proclamation, which prohibits arbitrability of administrative, contracts unless specifically allowed by law, and repealed all pre-existing legislation that confused the subject matter and made it difficult for implementation.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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Papers by yosef workelule