Revisiting the Ethiopian Arbitration Law on Refusal Of Enforcement of Foreign Arbitral Award Based On Public Policy In Line with Indian Arbitration Law: Comparative Study

Abstract

In Today‘s world, the adjudicatory system of arbitration is replacing the court proceeding, because of its more private, economic, rapid, certain, and enforceability of foreign arbitral award. However states for different political, social and, economic reasons enacted different ground of refusal of enforcement arbitral award by empowering national courts if such enforcement of arbitral award would be contrary to the public policy of their countries. With highly changing situation of the globalization in the area of commerce, countries are striving towards adopting arbitration law friendly with the view to accommodate the difficult that may result in commercial transaction especially on enforcement of the foreign arbitral award. However the Ethiopian arbitration law seems to be inadequate because of the current arbitration and conciliation working procedure proclamation does not have provided what should be the element of public policy for refusal enforcement of foreign arbitral award. Unlike Ethiopia commercial arbitration law, the Indian country has improved both its commercial arbitration law and court practice to provide effective dispute settlement. Thus, the criteria must be clearly promulgated and applied so that the rules can be conducive to the steadily increasing practice of modern arbitration. So in these short theses I look in Ethiopia and Indian commercial arbitration law and court practice and provided comparative analyze reference to public policy exception to enforcement of foreign arbitral award.