Saturday, October 4, 2025
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ETHIOPIA RATIFIES THE NEW YORK CONVENTION

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A favorable arbitral award with limited or no possibility for enforcement may be as good as no award. Enforceability of an award is one of the crucial considerations investors make in their choice of dispute settlement mechanism. It also plays part in their decision to invest in a country. In Ethiopia, it has always been a challenge for investors to determine the seat of the arbitration. Choosing whether or not to designate Ethiopia as the seat of arbitration always came with an opportunity cost. Now that Ethiopia has formally ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award (“NYC”) on February 13, 2020, investors are ideally no longer tasked with concerns of enforcement in Ethiopia of foreign arbitral awards. The ratification of the NYC comes at a time where the country is undertaking major economic and legal reforms including the privatization and liberalizations of mega sectors and enterprises such as the telecom and many others. As a major part of the reform process, Ethiopia has just recently enacted a new investment law whereby sectors that were formerly closed are now open for foreign investment.
Alongside the ratification of NYC, there is a draft local arbitration law under deliberation by the government and anticipated to be adopted soon. It is to be recalled that Ethiopia does not have a separate local arbitration law. We have to wait and see what the draft national arbitration law introduces to facilitate local and foreign arbitrations.
In order to appreciate the significance of the ratification of NYC, it is worth looking into the current experiences of investors choosing arbitration as a means of dispute resolution mechanism. If an investor chooses to designate other countries as the seat of the arbitration, it risks its ability to guarantee the enforcement of a potential award in Ethiopia. This is because the relevant part of the Civil Procedure Code required “reciprocity” as a necessary requirement for any foreign arbitral award to be enforced. This meant that the country in which the foreign award is granted must reciprocally enforce awards made in Ethiopia in order to ensure the enforcement of the award originating in a foreign country. Ethiopian courts interprets the reciprocity requirement to mean the existence of a judicial assistance treaty between the two countries. However, Ethiopia has only one judicial assistance treaty – which is with China – which therefore means that only awards from China are enforceable in Ethiopia. As such, choosing a foreign seat, other than China, meant that an investor risked an enforcement of its foreign award on Ethiopian soil.
An investor who chooses Ethiopia as a seat to counter risk of unenforceability, on the other hand, will also face another challenge. Such an investor risks the finality of a potential award. Ethiopian courts in two prominent arbitration-annulment proceedings (the Consta and Agricom cases against the Ethiopian government) has confirmed that Ethiopian court, particularly the Cassation Bench, has the constitutional power to review and reverse the final arbitral awards on grounds of “fundamental error of law” if the seat designated is Ethiopia. This review power of the Cassation Bench is construed to apply irrespective of a clear finality clause in the arbitration agreement. An investor, after exhausting enormous resource on arbitration, may later find out that its award is worth only as much as the paper it is written on.
The ratification of the NYC means that Ethiopian courts have to automatically recognize and enforce foreign arbitral awards from close to 166 NYC member countries, unless the award is set-aside by the limited grounds listed under the NYC. The requirement for a judicial assistance treaty is now surpassed and foreign arbitral awards are protected from judicial interference by the Cassation Bench.
While awards with the seat of arbitration out of Ethiopia have “foreign award” status without ambiguity, it is not clear if some awards made in Ethiopia can also be considered as foreign arbitral awards on account of several factors. In some jurisdictions, awards having one or more foreign element (including the parties being from different countries) are considered as foreign awards. Ethiopia does not yet have enough judicial precedent, but from the Consta and Agricom cases, it seems that foreign awards are those rendered out-side of Ethiopia (where the seat is outside of Ethiopia).
The NYC ratification proclamation made a reservation that the convention will apply to arbitration agreements concluded after the date of its accession to the NYC, meaning that there is no retrospective application of the convention to agreements signed before Ethiopia’s accession. Further, Ethiopia will apply the NYC on arbitral awards made only in the territory of another contracting state to the NYC.
It is indeed a great leap for Ethiopia to ratify the NYC. Many agree that it is long overdue. Among other factors, the ratification will boost investors’ confidence in investing in a country that recognizes and enforces a foreign arbitral award. Investors do have an interest in a neutral and independent forum with no risk of national bias or political pressure to resolve potential disputes. Allowing parties to agree on a neutral playing field and enforcing the outcome of their contention promotes business and investment. It also makes courts more efficient by avoiding unnecessary diversion of judicial resource.

The writer can be reached at info@aaclo.com

Adwoa and Art

“In the decades following the Adwa victory, Ethiopia was an object of interest among the black literatri who drew on its antiquated history…inspiring poems…” Prof. Kinfe Abraham

As we celebrate the Victory of Adwa and all it means to Ethiopians, Africans and all Black People of the World, I’ve been engaging in conversations as to what imagery and message best represents the glorious, Sunday 2 March 1896. On that fateful day, Emperor Menelik II with his strategist wife, Empress Taitu, flanked by loyal and patriotic fighters, with women doing their part; forces were marshaled nation wide to thwart the efforts of Italian invaders seeking to conquer and colonize the ancient empire. So what does that mean for artists if anything? Discussions range from traditionalist artists expressing the importance of familiar (some may say cliché) imagery including horses, shields and white robed jegenas baring flags. On the other hand more ‘cerebral’ artists say it is what we are living now because of that victory that shaped our today, that is equally important to document. I say yes to both with leaning towards the latter.
Ask and you shall receive is the old saying. On exhibition at Addis Abeba Museum (AAM), located behind Meskel Square is a group art exhibition commemorating that proud day. Mixed media, paintings and all forms of expression can be viewed, reminding us while reassuring Ethiopians of the trials and triumphs that are the very fiber of the resilient Ethiopian nation and identity. Birtukan Dejene, one of the prominent female artists featured in the exhibition says, “This show is important for all to see. It is our story and our pride.” Her painting entitled “The Leader” depicts an upright Emperor Menelik on horseback surrounded by soldiers with the imperial flag flying high, and priests carrying the tabot from St. Giorgis towards the frontline. Her classic painting style creates a graceful and light atmosphere, with a bright blue sky, representing what is to come. Birtukan depicts it all in the “The Leader.”
Addis Fine Art (AFA) Gallery, known for its international approach for successful exhibitions, presents Adiskidan Ambaye, a female phenomenon. Her “abstract sculptures are nearly preceded by gestural two-dimensional sketches, which delineate the foundations for her three dimensional compositions” which Adiskidan describes as a process of sculpting “from inside out.” The AFA press release goes on to say, “These cyclical markings also conjure images of the naturally occurring concentric circles found in trees, signifying age, and life and death as they are only visible once the tree has been cut down…the sculptures as visualized emotions and life stories.” I did get a sneak peak thanks to AFA owner/curator, Mesai Heileleul. Trust me, this is another must see and buy show.
These two shows are on opposite sides of the art spectrum yet to me in the context of the Victory of Adwa, they both speak volumes. On one hand with the AAM group show puts us in the place and time depicting the circumstance and leading characters that sacrificed life and limb to preserve sovereignty. On the other hand, “Liberty” the title of the AFA solo exhibition for Adiskidan, we see the journey, we see the pain, contortions, a painful process that emerges into an incredible work of art that exudes a fresh and free spirit filled with hope and aspirations. Both narratives are the result of Adwa. If not for the victory, chances are Ethiopians kwonkwa would be Italian. And as much as pizza and pasta are loved here, enjera may not be the national bread. Oh my, perish the thought of the “could have beens”. What we have instead is indeed a proud moment in tine that impacted and even propelled the Pan African Movement. Hope was provided for Black people in bondage, particularly on the continent.
rofessor Kinfe Abraham writes, in Adowa: Black Political and Cultural History From 1796 to 2007, “In the decades following the Adwa victory, Ethiopia was an object of interest among the black literatri who drew on its antiquated history.” He goes on to share a poem as a manifestation of how “black attitudes changed from docility to gallantry as the result of black achievements such as those of Adwa…” I close as I share with you, wishing you a Happy Victory Day and may we fight the good fight every day towards a greater love and respect for humanity, the one thing we all have in common.

“Once they feared the white man, now they despise him. Our judgment stands written in their eyes…Once they were filled with terror at our power…Today, when they are themselves a power, their mysterious soul – which we shall never understand – rises up and looks down upon the whites as on a thing of yesterday.”

Dr. Desta Meghoo is a Jamaican born
Creative Consultant, Curator and cultural promoter based in Ethiopia since 2005. She also serves as Liaison to the AU for the Ghana based, Diaspora African Forum.

Kinfegebrel Tadesse

Name: Kinfegebrel Tadesse

Education: Diploma in IT

Company name: Kinfe advertisement

Title: Owner

Founded in: 2019

What it does: Printing, graphics designing and advertisement

HQ: Addis Ababa

Number of employees: 7

Startup Capital: 2,000 birr

Current capital: Almost 70,000 birr

Reasons for starting the business: To own a business

Biggest perk of ownership: Freedom

Biggest strength: Patient

Biggest challenging: The job is seasonal

Plan: Creating competitive and export standard company

First career: Waiter

Most interested in meeting: Fekremarkos Desta

Most admired person: No one

Stress reducer: Staying in church

Favorite past time: Reading books

Favorite book: “Fiker eske mekabr

Favorite destination: None

Favorite automobile: Any kind of car

St George finished top of the premier league first round

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A single defeat, seven draws and seven wins, St George finished on top of the premier league at the end of the first round followed by Fasil Ketema and Mekele respectively. Diredawa, Welwalo and Hossana Ketema are down in relegation zone.
A slow start following the arrival of the Serbian Coach St George recovered in time riding up the ladder to claim the driving seat two points clear. Scoring twenty-two goals while conceding only eleven, the record champions appeared to have an extra energy to roar back in to championship title after a disappointing two seasons.
Second place Fasil Ketema’s home record is intact. Twenty six points from seven wins, five draws and three defeats, Seyoum Kebede’s team is second with 26 points followed by the defending champion Mekele with 25 points. The two sides are considered teams that could mount a strong title contention against St George.
Though the point difference between bottom of the table and ninth place Wolkite Ketema is just six, Diredawa, Welwalo and Hadiya are the three relegation threatened teams with 17, 16 and 13 points respectively. Hadiya has already appointed Tsegaye K/Mariam in place of Girma while Diredawa and Welwalo yet to make official the replacements to Simon Abay and Yohannes Sahle.