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Arbitration and Judiciary Supervision In the Jordanian Law

Mohammad Ali Banimigdad

Abstract


The Jordanian Arbitration Law has set three forms for judiciary supervision to control the arbitration procedures, which are: the annulment of the arbitration award, the return of the case to arbitration, and the ratification of the arbitration award, where this form of supervision includes the arbitration procedures and its decision. In organizing these forms, the law specified exclusive reasons for supervision by way of annulment, and did not do so in regards of returns and ratifications, therefore leaving the matter to the judiciary’s conscientiousness. In each form, supervision may take place independently from the other two forms or in an integrated manner with one or both of them, through specific judicial procedures.

This study revealed that the judiciary, by exercising supervision over arbitration, determines the fate of the entire arbitration process, because it has the power to cancel the arbitration award, make it enforceable, or issue decrees that may lead to its amendment. It was also found that the establishment of a set of inspections for judiciary supervision over arbitration procedures is desirable, as it guarantees the status of arbitration and/or it is remaining on the correct path wherein it should be. Many recommendations have been adopted in this study, including the necessity of setting a deadline for the exercise of the various forms of supervision and amending some provisions of the arbitration law in a way that leads to shortening the duration of the arbitration litigation and its ramifications, and the need to add some cases to the reasons for the annulment of the arbitration award and the need to set a general rule indicating to the court a defined date as to when will the case be returned to arbitration, and another that shows when to refuses to repudiate the arbitration award

Keywords


Arbitration ; judiciary supervision; agreement; litigation; annulment

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ISSN 15849422, 12211249