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Titlebook: International Commercial Arbitration; Legal and Institutio Seyoum Yohannes Tesfay Book 2021 The Editor(s) (if applicable) and The Author(s)

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楼主: 呻吟
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978-3-030-66754-2The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerl
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International Commercial Arbitration978-3-030-66752-8Series ISSN 2364-8392 Series E-ISSN 2364-8406
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https://doi.org/10.1007/978-3-030-66752-8Alternative Dispute resolution; arbitral tribunal; Ethiopian Law; international transaction; conflict re
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Ethiopia and Its Legal System: The Context,larly, attempt is made to introduce the legal system of Ethiopia to those unfamiliar with that..It finds, overall, that the content of the laws, especially those that are of relevance to commerce and international commercial arbitration is essentially foreign, to say the least. Substantive laws were
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Arbitration Agreement: Validity, Lapse and Interpretation, that are uncommon in many jurisdictions. Yet most of them do not unreasonably impede the success of arbitration..The arbitration agreement is required to be in writing only in exceptional cases provided for by law. Where the agreement is required to be in writing, it must be supported by a special
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Arbitrability,t matters. It finds neither the law nor the courts have directly addressed this issue..Yet, bankruptcy, competition and consumer protection laws are likely to raise the issue of arbitrability. Regarding bankruptcy, it suggests that courts make individualised assessment of whether the continuation of
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The Normative Basis for Decision on the Merits and Procedural Conduct of Arbitration: The Extent ofispute between them and the flexibility they have to set the rules for the procedural conduct of arbitration. It finds that Ethiopian law is uncharacteristically liberal on these subjects..The law defines arbitration as the settlement of a dispute by reference to principles of law—a notion that is m
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and Separability,tion trounces its efficacy under Ethiopian law. Any allegation, even a patently false one, that the arbitration agreement is invalid or non-existent has to be settled by a court. The parties to an arbitration agreement cannot even by an express term authorize the arbitral tribunal to decide on such
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Recognition and Enforcement of Foreign Arbitral Awards,ared that it will apply the Convention to awards that are considered ‘commercial’ under Ethiopia’s national laws. It also declared that it will apply the Convention only to awards that are made in states party to the Convention, thus, excluding awards that are made in a number of countries including
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