Parties’ freedom to agree on any matter extends to agree to resolve their dispute either judicial litigation or arbitration. Arbitration is a system of dispute settlement where by disputants takes their case before arbitrators of their own choice. The civil code defines it “as a contract whereby the parties to a dispute entrust its solution to a third party, the arbitrator, who undertakes to settle the dispute in accordance with the principles of law.” (Art 3325(1)). As any kind of consensual undertaking, the arbitral submission must adhere to the requirements under art 1678 of the civil ..read more

The whole process of establishing a mining company begins from Ministry of Mines. Unlike other investments, which are regulated by the Investment Regulation and where Investment Commission gives permit, for this sector-specific investment, Ministry of Mines, Energy and Petroleum is authorized to issue license. However, this does not mean that other relevant institutions like Ministry of Trade, Ministry of Revenue are excluded. The investor shall approach Ministry of Mines, Energy and Petroleum and fill the necessary form. During that process, the investor needs the following documents: Aut ..read more

Businesses want to become big. They want their presence to be felt in every corner of the world. Investors explore different avenues to do this by injecting capital, selling equities, reinvesting their profits, opening different branch offices, acquiring other firms or merging with other entities. By the same token, corporations may also use these tactics to either dominate the market or protect their infant industry from other big entities. All of these factors for expansion may also force Ethiopian businesspeople to engage in changing their style of business. Nowadays, the government is tr ..read more

If you are a counsel in an ongoing arbitration, you have two obligations: 1) navigate your ways through provisions of the applicable law so that you can litigate as a professional; 2) satisfy your client with your service and make sure that all his questions are answered properly. Especially, if an arbitrator (whether or not chosen by you) is not discharging his or her duty on time, if you suspect there exists a relationship with the other party, does not understand the case properly, fails to communicate meetings which are crucial to the parties, delegate his or her duty to another person ..read more

Businesses want to become big. They want their presence to be felt in every corner of the world. Investors explore different avenues to do this by injecting capital, selling equities, reinvesting their profits, opening different branch offices, acquiring other firms or merging with other entities. By the same token, corporations may also use these tactics to either dominate the market or protect their infant industry from other big entities. All of these factors for expansion may also force Ethiopian businesspeople to engage in changing their style of business. Nowadays, the government is tr ..read more

ICSID CONVENTION, REGULATIONS AND RULES The Addis Ababa Chamber of Commerce and Sectoral Associations Arbitration Institute – The Revised Arbitration Rules ICC Rules of Arbitration New York Convention IBA Guidelines on Conflict of Interest NOV 2014 FULL Arb Rules Revised 2010 The post Arbitration Rules appeared first on Michael Teshome Law Office ..read more

On May 31, 2017, a full day conference entitled “Arbitration in Ethiopia, East Africa and Beyond: Prospects, Challenges and Possibilities” was held in AU. Very interesting panelists presented their papers and thought provoking ideas were raised from the audience. In this short essay, the writer will forward an issue that was given little attention. On account of a recent Cassation Decision Number 42239 of 2010[1], there seems to be an understanding that Ethiopian arbitration law does not promote finality of arbitral awards. Few panelists tended to agree with this statement. Yet, before reach ..read more

It will be unwise to begin the essay without introducing the reader about injunction in Ethiopian Civil Procedure Code (CPC). Injunction is one form of provisional measure ordered by a competent judicial organ to the requesting party. Robert Allen Sedler, a famous author on Ethiopian civil procedure, says that it may be necessary to make provision for the protection of the parties and the maintenance of the property in dispute pending the final determination of the case. The court is vested with exclusive power to issue provisional measures until the final judgement. Provisional measures serv ..read more