LAW AND ARBITRATION
CENTRE
Law No. 31 of 2001
(Jordan) Arbitration Law
Dr. Hamzeh Haddad
For LAC /
Dr. Hamzeh Haddad
January 2002
Law No. 31 of 2001
(Jordan)(1) Arbitration
Law
General Provisions
Article 2: a.
The following expressions, wherever appearing in this law, shall have the
meaning assigned thereto unless the context indicates otherwise:
Arbitral Tribunal: the tribunal composed of one or more arbitrators to
adjudicate a dispute referred to arbitration in accordance with the provisions
of this law.
Competent Court: The court of appeal within its jurisdiction the arbitration
is conducted unless the parties agree to the jurisdiction of another court of
appeal in the Kingdom(3).
b. The expression “two
arbitrating parties” in this law means the “two parties to arbitration” or “
the parties to arbitration”(4), as the case may be.
Article 3: The provisions
of this law shall apply to every conventional arbitration conducted in the
Kingdom(3) and relates to a civil or commercial dispute
between parties of public or private law persons whatever the legal
relationship to which the dispute is connected, whether contractual or not.
Article 4: The provisions
of this law shall apply to every arbitration existing at the time of its entry
into force or commences thereafter even if it is based on an arbitration
agreement prior to the entry into force of this law, provided that all previous
procedures taken in accordance with any prior law shall remain valid.
Article 5:
In cases where this law allows the two arbitrating parties to choose a
procedure that should be followed in a certain issue, this includes their right
to authorize a third party to choose such procedure; and any arbitration
institute or center, in the Kingdom(3) or abroad, shall be
deemed (in this respect)(1) as a third party.
Article 6: a.
Unless otherwise agreed by the two arbitrating parties, any (written)
communication is deemed to have been received by a party, if it is delivered to
the addressee personally, or delivered at his place of business, habitual
residence or mailing address known to both parties, or that is defined in the
arbitration agreement or in the document regulating the arbitral relationship
between them.
b. If none of these (addresses) can be
found after making serious inquiries, a (written) communication deemed to have
been received if it is sent, by a registered letter, to the addressee’s last
known place of business, habitual residence or mailing address.
c. The provisions of paragraphs (a)
and (b) of this article do not apply to judicial notifications before the
courts.
Article 7: A party who
knows that any requirement under the arbitration agreement or any provision of
this law from which the parties may derogate has not been complied with and yet
proceeds with the arbitration without stating his objection to such
non-compliance within the time limit agreed upon or, in case of non-agreement,
within a reasonable time, shall be deemed to have waived his right to object.
Article 8: In matters
governed by this law, no court shall intervene except in cases provided for
therein without prejudice to the arbitral tribunal’s right of asking the
competent court for assistance in the arbitral proceedings, such as calling a
witness or an expert, ordering the submission of a document or a copy thereof
or reviewing it, or any other thing, as the tribunal finds appropriate.
Arbitration Agreement
Article
9:
Arbitration agreement may not be concluded except by natural or legal persons
who have legal capacities to dispose of their rights. Arbitration is not
permitted in matters on which compromise is not allowed(5).
Article 10:
a. An
arbitration agreement shall be in writing otherwise it is void. An agreement is
in writing if it is contained in a document signed by the parties or in an
exchange of letters, telegrams, faxes or telexes or other means of
telecommunication which provide a record of the agreement.
b. The reference in a CONTRACT
to the provisions of a standard contract or to an international convention or
any other document containing an arbitration clause constitutes an arbitration
agreement in writing, provided that the reference (to such clause)(1) is
clear in regarding that clause as a part of the CONTRACT.
c. If the parties agree to
arbitration while a court is reviewing the dispute, the court shall refer the
dispute to arbitration and its decision shall be deemed as an arbitration
agreement in writing.
Article 11: The arbitration agreement
may be (concluded)(1) before the occurrence of the dispute
whether in the form of a separate agreement or contained in a specific contract
arising between the two parties. The arbitration agreement may also be
concluded after the occurrence of the dispute even if such dispute was the
subject of an action before any “judicial body”(6) and, in
such a case, the agreement must precisely determine the subject of the dispute
or, else, it is void.
Article12: a.
A court before which an action is brought in a dispute which is the subject of
an arbitration agreement shall dismiss the case if the defendant so requests
before entering into the substance of the dispute.
b. Bringing an action as referred to
in paragraph (a) of this article, does not preclude the commencement or
continuation of the arbitral proceedings or the issuance of the arbitral award,
unless otherwise agreed by the two parties.
Article 13: It is not incompatible
with an arbitration agreement for a party to request, before or during arbitral
proceedings, from a “Judge of Summary Matters” that a provisional or
conservatory measure be taken in accordance with the “Law of Civil Procedures”
and such measure may be withdrawn in the same manner.
Article 14:
a. The arbitral tribunal shall be
composed, by agreement between the two parties, of one or more arbitrators and
in case of non-agreement the number of arbitrators shall be three.
b. The number of
arbitrators, if more than one, shall be odd, otherwise the arbitration is void.
Article 15: a. An
arbitrator must not be a minor, an interdicted person or deprived from his
civil rights on the ground of a judgment against him for a felony or
misdemeanor contrary to honor or due to a declaration of his bankruptcy, even
if he has been rehabilitated.
b. Unless otherwise agreed by the two
arbitrating parties or provided for by the law, an arbitrator need not be of a
specific gender or nationality.
c. The arbitrator’s
acceptance of his mandate shall be in writing and, when accepting, he shall
disclose any circumstances likely to give rise to doubts as to his impartiality
or independence.
Article 16: a.
The two arbitrating parties are free to agree on the selection of arbitrators
and on the manner and the date of their selection. Failing such agreement, the
following procedures shall be followed:
1- If the arbitral tribunal
consists of a sole arbitrator, he shall be appointed, upon request of either
party, by the competent court.
2- If the arbitral tribunal
consists of three arbitrators, each party shall appoint one arbitrator and the
two arbitrators thus appointed shall appoint the third arbitrator. If either
party fails to appoint his arbitrator within fifteen days following the date of
receipt of a request to do so from the other party, or if the two appointed
arbitrators fail to agree on the third arbitrator within fifteen days following
the date of appointing the more recently appointed arbitrator, the appointment
shall be made, upon request of either party, by the competent court. The third
arbitrator, whether appointed by the two appointed arbitrators or by the
competent court, shall preside the arbitral tribunal.
3- The procedures stated in
paragraph (2) above shall be followed if the arbitral tribunal is composed of
more than three arbitrators.
b. If either party violates the
agreed procedures of selecting the arbitrators, the two parties have not agreed
on the way of performing such procedures, the two appointed arbitrators have
not agreed on a matter that should be agreed on or if the third party fails to
perform a function entrusted to him in this respect, then the competent court
shall, upon request of either party, carry out the required measure or
function.
c. When selecting an
arbitrator, the competent court shall take into account the conditions required
by this law as well as those agreed upon by the parties, and it shall issue its
decision on the appointment of the arbitrator expeditiously, and such decision
shall be subject to no appeal.
Article 17: a.
An arbitrator may be challenged only if circumstances exist that give rise to
doubts as to his impartiality or independence.
b. Neither party may challenge
an arbitrator appointed by him or in whose appointment he has participated,
except for a reason he became aware after the appointment has been made.
Article 18: a.
A request for challenge indicating the reasons for challenge shall be submitted
to the competent court within fifteen days after the challenging party becoming
aware of the constitution of the arbitral tribunal or becoming aware of the
circumstances justifying the challenge. Unless the challenged arbitrator
withdraws from his office after notifying him (of the challenge)(5),
the competent court shall decide on the request and such decision shall be
subject to no appeal whatsoever.
b. A request for challenge from a party who
had previously submitted a request for challenging the same arbitrator and for
the same reason shall not be admitted.
c. The submission of a
request for challenge shall not suspend the arbitral proceedings and if the
challenge is admitted, all arbitral procedures in which the challenged
arbitrator had participated, including the arbitral award, shall be deemed
void.
Article 19: If an arbitrator becomes
unable to perform his function or fails to commence or to continue such
performance in a manner which leads to unjustifiable delay in the arbitral
proceedings, and if neither he withdraws from his office nor the two parties
agree on removing him, then the competent court is empowered, upon request of
either party, to terminate his mandate by a decision which shall be subject to
no appeal whatsoever.
Article 20: Where the mandate of an
arbitrator terminates by a judgement admitting the challenge or because of
removing him (by agreement of the parties)(1), his withdrawal
from his office, death, or his inability (to perform his function)(1),
or for any other reason, then a substitute arbitrator shall be appointed
according to the rules that were applicable to the appointment of the
arbitrator whose mandate being terminated.
Article 21: a.
The arbitral tribunal is entitled to rule on pleas related to its own
jurisdiction including those related to the non-existence of an arbitration
agreement, the expiry or nullity of such agreement, or that the subject of the
dispute is not included in the agreement.
b. Those pleas shall be raised
not later than the submission of the statement of defence referred to in
Article (29/b) of this law. A party is not precluded from raising any of such
pleas by the fact that he has appointed, or participated in the appointment of,
an arbitrator. The plea that the arbitration agreement does not include matters
raised by the other party while the dispute is being reviewed, shall be raised
immediately or, else, the right of such plea shall lapse. In all cases, the
arbitral tribunal may admit a late plea if it considers that the delay was due
to a legitimate excuse or a justified reason.
c. The arbitral tribunal may rule on
the pleas referred to in paragraph (a) of this article before ruling on
the merits or may join them to the merits in order to adjudicate both (matters)(1)
togother. If it rules to dismiss the plea, such plea may not be raised
except through the institution of a case for the annulment of the arbitral
award adjudicating the dispute pursuant to the provisions of annulment of
awards as stated in this law.
Article 22: An arbitration clause
shall be treated as an agreement independent of the other terms of the
contract. The nullity, revocation or termination of the contract shall not
affect the arbitral clause therein if such clause is valid by itself.
Article 23: a.
Subject to article (13) of this law, the two arbitrating parties may agree that
the arbitral tribunal is empowered to order either of them, whether by its own
initiative or upon request of either party, to take whatever interim or
conservative measures it find necessary in respect of the subject-matter of the
dispute, and it may require (either party)(1) to provide
sufficient security to cover the expenses of such measures.
b. If the party to whom the
order has been addressed fails to execute it, the arbitral tribunal may, upon
request of the other party, authorize the latter to take the procedures
necessary for such execution including the right to apply to the competent
court for issuing an order of enforcement.
Article 24: The two arbitrating parties
are free to agree on the procedures to be followed by the arbitral tribunal,
including their right to subject such procedures to the rules applied at any
arbitral institute or center in the Kingdom(3) or abroad;
failing such agreement, the arbitral tribunal may, subject to the provisions of
this law, select the (rules of)(1) arbitral proceedings
it deems appropriate.
Article 25: The two arbitrating
parties shall be treated with equality, and each party shall be given a full
and equal opportunity of presenting his case or defense.
Article 26: Unless otherwise agreed by
the parties, the arbitral proceedings commence on the date on which the
composition of the arbitral tribunal is completed.
Article 27: The two parties are free
to agree on the place of arbitration in the Kingdom(3) or
abroad; failing such agreement, the place of arbitration shall be determined by
the arbitral tribunal having regard to the circumstances of the case and the
convenience of the parties in respect of such place. Nonetheless, the arbitral
tribunal may meet at any place it considers appropriate to perform any of the
arbitral procedures such as the hearing of the parties to the dispute,
witnesses or of experts or for reviewing documents or the inspection of goods
or property or for consultation among its members, or for any other thing.
Article 28: a.
The arbitration shall be conducted in Arabic unless otherwise agreed by the two
parties or that the arbitral tribunal determines another language or languages
to be used. Such agreement or determination shall apply to the language of
evidence, written statements, oral hearings, as well as to any decision taken
or any message sent or award rendered by the tribunal, unless the two parties’
agreement or the tribunal’s decision provides otherwise.
b. The arbitral tribunal my
decide that all or part of the (written) documents used in the arbitration must
be accompanied by a translation into the language or languages used in the
arbitration and in case of multiplicity of such language(s), the translation
may be limited to some of them.
Article 29: a.
Within the period of time agreed by the parties or determined by the arbitral
tribunal, the claimant shall send to the respondent and to each of the
arbitrators a written statement of claim containing his name and address and
the name and address of the respondent, an explanation of the facts of the
case, a specification of the disputed issues, his claims and any other matter
required, by the arbitration agreement, to be cited in that statement.
b. Within the period of time
agreed by the parties or determined by the arbitral tribunal and in reply to
the statement of claim, the respondent shall send his statement of defense in
writing to the claimant and to each of the arbitrators. The respondent may
include in his statement any incidental claims related to the
subject–matter of the dispute or invoke a right arising therefrom for the
purpose of claiming a set-off, and he may do so even at a subsequent stage of
the proceedings if the arbitral tribunal considers that the circumstances
justify this (delay)(1).
c. Either party may annex
to his statement of claim or defence, as the case may be, copies of the
documents he relies on or make a reference to all or some of documents and
means of evidence he will submit, and this shall be without prejudice to the
tribunal’s right to request the submission of the originals of documents on
which either party relies.
Article 30: A copy of any memoranda,
documents or papers submitted by either party to the arbitral tribunal shall be
sent to the other party. A copy of any experts’ reports, documents and any
other (means of)(1) evidence submitted to the tribunal
shall be sent to both parties.
Article 31: Either of the two
arbitrating parties may amend or complete his claims or defences during the
course of the arbitral proceedings, unless the arbitral tribunal decides not to
accept such amendment to avoid delaying adjudication of the dispute.
Article 32: a.
The arbitral tribunal shall hold hearings to enable each of the two parties to
explain the subject-matter of the case and to submit his arguments and evidence
and, unless the parties have otherwise agreed, the tribunal may consider that
the submission of (written) memoranda and documents is sufficient (for adjudicating
the dispute)(1).
b. The two arbitrating parties shall be
notifiyed of the date of hearings and meetings, which has been decided by the
arbitral tribunal, and this shall be made before a sufficient time of such date
according to the tribunal’s judgement.
c. The minutes of each
hearing held by the arbitral tribunal shall be recorded in writing and a copy
thereof shall be delivered to each of the two parties.
d. The hearing of
witnesses and experts shall be conducted under oath as in the form determined
by the tribunal.
e. The arbitral tribunal
may accept the oath of a witness by a written testimony before any authority
accredited in the country in which the testimony has been made according to the
law of that country(7).
Article 33: a. If the claimant
fails to submit his statement of claim according to Article (29/a) of this law
without (showing)(1) sufficient cause, the arbitral tribunal
may decide to terminate the arbitral proceedings unless otherwise agreed by the
two parties.
b. If the respondent
fails to submit his statement of defense in accordance with Article (29/b) of
this law, the arbitral tribunal shall continue the proceedings without treating
this in itself as an admission by the respondent of the claimant’s claim.
c.
If either party fails to appear at any hearing or to submit the documents
requested from him, the arbitral tribunal may continue the proceedings and make
the award on the evidence available before it.
Article
34: a. The arbitral tribunal may
appoint one or more experts to submit to it a written or an oral report on
specific issues determined by the tribunal, and such appointment shall be
recorded in the minutes of the (relevant)(1) meeting
(or hearing)(1). The arbitral tribunal shall notify
each of the two parties of its decision designating the mission entrusted to
the expert.
b.
Each of the two parties shall submit to the expert the information
related to the dispute and shall enable him to inspect and examine what he
requires of documents, goods and other property related to the dispute.
The arbitral tribunal shall adjudicate any dispute arising between the expert
and either of the two parties.
c.
The arbitral tribunal, as soon as the expert’s report is
deposited with it, shall send such report to each of the two parties to give
him the opportunity to express his view in respect of the report, and each of
them is entitled to review and check the documents on which the expert has
relied.
d.
Following submission of the expert’s report, the arbitral tribunal may, by
its own motion or upon request of either party, hold a hearing to hear and
examine the expert in respect of what is stated in the report. Each of
the two parties is entitled to present, in that hearing, his own expert or
experts to express an opinion on the matters stated in the report of the expert
appointed by the court, unless otherwise agreed by the two arbitrating parties.
Article 35:
The proceedings before the arbitral tribunal shall suspend in accordance
with the situations and conditions provided for in the Law of Civil Procedures(8),
and such suspension shall have the effects as mentioned therein.
Article 36: a.
The arbitral tribunal shall apply to the subject-matter of the dispute the
legal rules agreed upon by the two parties, and if they have agreed to apply
the law of a given State, the substantive rules in that law shall be followed
and not its rules relating to conflict of laws.
b. Failing an agreement by the parties on
the legal rules applicable to the subject-matter of the dispute, the arbitral tribunal
shall apply the substantive rules in the law it deems most closely connected to
the dispute.
c.
In all cases, the arbitral tribunal shall, when
adjudicating the subject-matter of the dispute, apply the terms of the contract
which is the subject of the dispute, and shall take into account the customs
applicable to the transaction, the prevailing usages and the (previous)(1)
dealing applied by the two parties.
d.
The arbitral tribunal may, if it has expressly been empowered to act as an amiable
compositeur by an agreement between the two arbitrating parties, decide the
dispute in accordance with the rules of justice and equity without complying
with the law.
Article
37: a. The arbitral tribunal shall render
the final award ending the entire dispute within the period of time as agreed
upon by the two parties; failing such agreement, the award shall be rendered
within twelve months as of the date of commencing the proceedings. In all
cases, the tribunal may extend such period provided that the extension shall
not exceed six months unless the two parties have agreed on a period of time
exceeding that period.
b.
If the arbitral award has not been rendered within the period of time as
provided for in paragraph (a) of this article, either party may apply to the
president of the competent court to give an order setting another one period or
more (for rendering the award)(1) or terminating the arbitral
proceedings. In the latter case, either party may bring an action before
the court that originally has jurisdiction over the dispute.
Article 38:
Unless otherwise agreed by the two parties, if the arbitral tribunal
is composed of more than one arbitrator, any decision of the tribunal including
the final award shall be made unanimously or by a majority of all its
members. However, a presiding arbitrator, if so authorized by the two
parties or all the members of the arbitral tribunal, may decide questions of
procedure.
Article 39:
If, during the arbitral proceedings, the parties have agreed on a settlement
ending the dispute, they are entitled to request that the terms of settlement
be recorded (in writing) before the arbitral tribunal, which is bound, in this
case, to give a decision containing those terms and ending the
proceedings. Such decision shall have the effect of enforcement as the
arbitral awards have.
Article 40:
The arbitral tribunal may, before rendering the award that brings
the dispute to an end, issue provisional decisions or awards in part of the
claims.
Article
41: a. The arbitral award shall be in
writing and shall be signed by the arbitrators. If the arbitral tribunal
is composed of more than one arbitrator, the signatures of the majority of the
arbitrators shall suffice, provided that the reasons for the non-signing of the
minority are stated in the award.
b.
The arbitral award shall state the reasons upon which it is based
unless otherwise agreed by the two arbitrating parties or unless the law
applicable to the arbitral proceedings does not require the mentioning of such
reasons.
c.
The arbitral award shall include the names and addresses of the parties to the
dispute and their addresses, the names of the arbitrators, their addresses, nationalities
and capacities, a summary of the arbitration agreement and of the disputant’s
claims, sayings and documents, the text of the ruling (award), the date and
place it was rendered, and the reasons on which the award is based when the
citing of such reasons is mandatory. The award shall (also)(1)
determine the arbitrators’ fees, the costs of arbitration and the way of
distributing such costs between the parties.
d.
If no agreement on the arbitrators’ fees has been concluded
between the parties and the arbitrators, such fees shall be determined by a
decision of the arbitral tribunal, which may be subject to appeal before the
competent court, and the court’s decision in this respect shall be final.
Article 42: a.
The arbitral tribunal shall deliver to each of the two parties a copy of the
arbitral award within thirty days of the date of rendering it.
b.
The arbitral award may not he published in whole or in part except
with the approval of the two parties to arbitration.
Article 43: If,
in the course of arbitral proceeding, a matter outside the scope of the
arbitral tribunal’s jurisdiction arises, or if a document submitted to it is
challenged for forgery and criminal proceedings in respect of that document or
for any other criminal act have been instituted, the arbitral tribunal may
continue reviewing the subject of the dispute if it deems that the adjudication
on this matter, on the forgery of the document or on the other criminal act is
not indispensable for issuing an award on the subject of the dispute.
Otherwise, the tribunal shall decide the suspension of the proceedings until a
final judgment is issued in this respect, and such decision entails the
suspension of the time limit determined for rendering the arbitral award.
Article
44: a. The arbitral proceedings are
terminated in any of the following events:
1-
Upon the issuance of the award ending the entire dispute.
2-
Upon the issuance of an order ending the arbitral
proceedings pursuant to article (33/a) of this law.
3-
If the two parties agree on the termination of the arbitral
proceedings.
4-
If the claimant abandons the dispute submitted to
arbitration, unless the arbitral tribunal decides, upon the respondent’s
request, that the latter has a genuine interest in the continuation of the
arbitral proceedings until the dispute is adjudicated.
5-
If the arbitral tribunal finds that the continuation of the
arbitral proceedings has for any reason become useless or impossible.
6-
Failure to reach the majority required for the issuance of
the arbitral award.
b. Subject to the provisions of
articles 45, 46 and 47 of this law, the mandate of the arbitral tribunal
terminates with the termination of the arbitral proceedings.
Article 45: a.
Either of the two arbitrating party may, within thirty days following the date
of receipt of the arbitral award, request the arbitral tribunal to interpret
any ambiguity in the text of the award. The party requesting interpretation
shall, before submitting the request to the tribunal, send a copy of such
request to the other party.
b. The interpretation
shall be issued within thirty days following the date on which the request for
interpretation was submitted to the arbitral tribunal. The tribunal may extend
this period of time for further fifteen days if it deems such extension is
necessary.
c. The decision of
interpretation is deemed to be a complementary part of the arbitral award and
is subject to the rules applicable thereto.
Article 46: a. The
arbitral tribunal shall, by a decision on its own initiative or upon request of
a party, correct any material errors in its award, whether clerical or in
computation. The decision of correction shall be issued without a hearing
within thirty days following the date of rendering the award or of submitting
the request for correction, as the case may be.
b. The decision of correction shall be
issued by the arbitral tribunal in writing and be notified to the parties
within thirty days of the date on which it was issued. If the arbitral tribunal
exceeds its authority relating to correction, the decision of the tribunal may
be nullified by an action for nullity subject to the rules of this law.
Article 47: a.
Either of the two arbitrating parties may, even after the expiry of the time
limit for arbitration, request, within thirty days following the date of
receipt of the arbitral award, the arbitral tribunal to make an additional
award as to claims presented in the arbitral proceedings but omitted from the
award. Such request shall be notified to the other party before its submission
(to the tribunal)(1).
b. The arbitral tribunal shall make the additional
award within sixty days from the date on which the request was submitted, and
may extend this period of time for other thirty days if it deems such extention
necessary.
Nullity
of Arbitral Award
Article 48: Arbitral awards
rendered in accordance with the provisions of this law may not be challenged by
any of the means provided for in the Law of Civil Procedures. However, an
action for nullity of the arbitral award may be instituted in accordance with
the provisions of Article (49), (50) and (51) of this law.
Article 49: a.
An action for the nullity of the arbitral award shall not be admitted except in
any of the following cases:
1: If
no valid arbitration agreement (and) in writing exists, or such agreement is
terminated because of the expiration of its time limit.
2:
If, at the time of concluding the arbitration agreement, either of the two
arbitrating parties was (fully) incapacitated or minor pursuant to the law
governing his capacity.
3: If either of the two arbitrating
parties was unable to present his defence because he was not properly notified
of the appointment of an arbitrator or of the arbitral proceedings or for any
other reason beyond his control.
4: If
the arbitral tribunal excluded the application of the law agreed upon by the
parties to govern the subject-matter of the dispute.
5: If
the composition of the arbitral tribunal or the appointment of the arbitrators
was not in accordance with this law or the agreement of the two parties.
6: If the arbitral award rules on matters
not included in the arbitraion agreement or exceeds the scope of such
agreement. Nevertheless, if parts of the award relating to matters subjected to
arbitraion can be seperated from those not so subjected, then nullity shall
apply only to the latter parts.
7: If
the arbitral tribunal has not compiled with the conditions of the award in a
manner affecting its content, or that the award was based on void arbitral proceedings
affecting it.
b. The competent court seized
the action for nullity shall, by its own initiative, nullify the award in
respect of what is in its content violating public order in the Kingdom(3),
or if the subject–matter of the dispute is not capable of being subject to
arbitration.
Article 50: An
action for nullity of the arbitral award must be raised within thirty days
following the date on which the arbitral award was notified to the party
against whom it was rendered; and such action is admissible even if the party
invoking nullity had waived his right to do so before the issuance of the
arbitral award.
Article 51: If
the competent court approves the arbitral award, it must decide its execution
and such decision is final. If, otherwise, the court decides the nullity of the
award, its decision is subject to challenge before the Court of Cassation
within thirty days following the date of notifying that decision. The final
decision nullifying the award results in extinguishing the arbitration
agreement.
Article 52: Arbitral
awards rendered in accordance with this law are deemed to have the authority of
res judicata and shall be enforceable by complying with the provisions
of this law.
Article 53: a.
The application for enforcing the arbitral award shall not be accepted unless
the period of time given to the action for nullity expires.
b. An application for
enforcement shall be submitted to the competent court and accompanied with the
followings:
1:
A copy of the arbitration agreement.
2:
The original award or a signed copy thereof.
3:
An Arabic translation of the arbitral award authenticated by an accredited authority
if the award was not issued in Arabic.
Article 54: a.
The competent court shall review the application for enforcement without
hearings, and shall order its execution unless it finds out that.
1. The award includes
violation of public order in the Kingdom(3). If that part in
the award including such violation can be separated (from others)(1),
the court may order the execution of the other part(s).
2. The award was not duly
notified to the party against whom it was rendered.
b. A decision of the court
ordering the enforcement of the arbitral award is subject to no appeal while
the decision refusing the enforcement is subject to challenge before the Court
of Cassation within thirty days following the date of notification (of that
decision)(1). The approval of the decision refusing the
ordering of enforcement shall result in extinguishing the arbitration
agreement.
Article 55: The Law of Arbitration No.
18 of the year 1953 shall be abrogated.
Article 56: The Prime Minister and Ministers are
tasked to carry out the provisions of this Law.
___________________________________
1- The
word(s) between the two brackets has / have been added by the translator.
2-
The Law was published in
the Official Gazette on 16 July 2001 no. 4496 (p. 2821-2836)
3-
“Kingdom” means
the Hashemite Kingdom of Jordan.
4-
Ie, whenever they are more than two
parties.
5-
Ie, is not allowed by law or, in other
words, that the dispute cannot be decided, accordingly to the law, on “amiable
compositeaur” basis .
6- This means in most, if not all, cases “a
court”.
7- The text means here the “affidavit”.
8- Ie, articles 122 and 123 of the said Law.
INTERNET SOURCE: http://www.lac.com.jo/laws-2_2.htm