Analysis of Legal Challenges in Adjudicating Disputes Arising out of E-commerce in Ethiopia: Comparative Study with US and EU legal systems

Abstract

The introduction of internet is changing the way businesses interact with their customers and suppliers. The advancement of e-commerce has brought with it new challenges in cross-border e commerce transactions legal disputes jurisdictional subject matters. The existing private international law rules cannot without limitation provide sufficient juridical protection and coverage for parties who contract electronically with foreign parties. Under Ethiopians context, though the country is trying its best to advance its legal regime for digital economy in general and e-commerce aspect specifically, the existing legal regime of the country is with no solution as to how sound and legitimate forum should be established by courts on the subject matter. The work analyzes legal challenges to determine appropriate jurisdiction that are facing or potentially to face Ethiopian courts whilst entertaining cross border e-commerce legal disputes. Specific focus was given to the jurisdictional subject matter. Using dominantly qualitative and some quantitative method of analyzing rules, the research has investigated and analyzed legal challenges Ethiopia’s courts face or are potentially to face while adjudicating cases of trans-boundary e-commerce legal disputes. The study find out that proper determination of jurisdiction for the trans-boundary e-commerce is among the hurdle tasks for courts of Ethiopia. Ethiopia’s Federal high courts are with number of hindrances so that they cannot freely and without difficulty determine the issue. The challenges faced or potentially to be faced by the courts ranges from some legal frame work deficiencies to poor exposure of the courts to the case. Further the author has also found that, Ethiopia’s legal system as things stands cannot freely address the complex legal issue of jurisdictional subject matter for trans boundary e-commerce legal disputes. Thus, the author has recommended that there shall be modifications in legal frameworks on the subject matter and some institutional arrangements to be taken by Federal high court administrations. Lastly some external issues the Ethiopia’s government should settle are also forwarded