An interesting article, published on Jimma University Journal of Law, entitled “the immediate appealability of a court order against arbitration: it should be allowed and even made compulsory”, argues that an immediate appeal against a court order which is against arbitration must be allowed; article 320/3/ of the Civil Procedure Code should be amended to take the special nature of arbitration into account.
This post counter argues the thesis forwarded by Mr. Berhanu Beyene, the author of the article cited above: there lies no reason to amend article 320/3/, immediate appeal against a court order which is against arbitration must be disallowed. To support my argument, I will forward the following points: practically, parties ought to wait untilfinal judgment is rendered; immediate appeal might create congestion on the appellate court,repeated interruption of trial and weakens the efficient operation of the case by the trial court.
VALIDITY OF ARBITRATION AGREEMENTS
It is generally accepted rule that arbitration agreement cannot be assumed; the parties have to show a clear and unequivocal intention to refer their case to arbitration.This rule is consolidated by a recent Federal Supreme Court Cassation Decision File Number 97021. According to article 3325/1/ of the Civil Code, arbitral submission is a contract whereby the parties to a dispute entrust its solution to a third party, the arbitrator, who undertakes to settle the dispute in accordance with the principles of law.