Ethiopian Law on Arbitral Interim Measures: Towards Dispelling the Ambivalence

Abstract

The recognition and application interim measures amidst litigation
proceedings could help the proper protection of the rights of the parties and
increase the efficacy of process. This holds true for arbitration proceeding as
well. Traditionally, the power to order interim and precautionary measures
in arbitration proceedings have been exercised by regular courts virtually in
all jurisdictions. Nowadays, that jurisprudence has changed in several
jurisdictions. International institutions such as the UNCITRAL have
facilitated the development of trends that vests arbitral tribunals more
legitimacy, trust and power including the power to order interim measures.
UNCITRAL Model Law on International Commercial Arbitration
(hereinafter UNCITRAL Model Law) provides the baseline rules for
arbitration in general. These rules vest arbitral tribunals the power to order
interim measure. The model law has influenced several jurisdictions and it is
shaping the rules regarding the power to order interim measures. The Civil
Procedure Code (CPC) of Ethiopia which deals with arbitration does not
seem to specifically address interim measures to be granted by tribunals. The
implication of such legal silence on the exercise of the power to order interim
measures by tribunals has not been researched well so far. This work
examined legal stance and the practice of arbitration tribunals to order
arbitral interim measures in Ethiopia. To this end, the study employed a
qualitative research method focusing on reviewing documents (such as
relevant laws, arbitral awards, case files, and related literature) and
conducting a series of interviews. The analysis of Ethiopian law, arbitrators’
practices, and decisions of courts showed that arbitrators have the power to
grant interim measures but the legal discourse and the practice suffered
uncertainties. This author argued for a bold step, in Ethiopia, to assure
arbitral tribunals unquestionable power to order interim measures.