Kompetenz-kompetenz of Arbitral Tribunal: ‘Legitimacy’ Buries Efficacy of Arbitration in Ethiopia
Summary Two competing goals permeate international commercial arbitration – ensuring arbitration is consent-based on the one hand, and an effective alternative to litigation in courts on the other. This article evaluates the extent to which Ethiopian law balances these objectives. To this end, it uses kompetenz-kompetenz, a doctrine deemed to hold the key to unlock …