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 the mysteries associated with striking the right balance between the two. Particularly, the basis and scope of this doctrine under Ethiopian law is compared with how the doctrine is understood and applied in selected ...