The Jordanian Legal Regulation for Implementing the Arbitral Award as an Executive Bond in accordance with the Jordanian Execution Law No. 25 of 2007


  •  Shams El-Din Qassem Al-Khazaleh    
  •  Sayel Mofleh Momani    

Abstract

The implementation of the arbitral award is the final stage of the arbitration process, which is the substance of the arbitration agreement, since the control is based on the principle of the authority of the administration and as it is the focus of this research, the arbitration judgment, as well as the implementation of the arbitral award, will be discussed in addition to the terms of the enforceable judgment, as well as judicial control over the execution of the award to reach the result that the legislator was not successful in organizing methods of appeal by arbitration.

The Jordanian legislator adopted the broad concept of executive bonds and then not limited to judgments and decisions, but included official and ordinary bonds and tradable commercial papers. The executive bonds are the documents specified in the law of enforcement or any other law and are the reason for establishing the right to implement execution and Article 6 of the Jordanian Enforcement Law referred to this. In addition, the Jordanian Arbitration Law No. 31 of 2001 approved the implementation of the arbitrators' judgments if the court ruled to uphold these provisions.

The focus of our study was to implement the arbitral award as an executive bond and for its specificity as a judgment issued by natural persons with no jurisdiction. Only derive their task from the will of individuals. The parties to the dispute, but the reality that made the arbitration at the present time of the features that make it more acceptable by individuals to settle their disputes from resorting to the jurisdiction of the state, and respect for the legislator and his quest for stability and security made those decisions executive bonds under certain conditions are implemented through them. It is on this basis that this study is divided into sessions and we will address the concept of arbitral award. Then the implementation of the arbitration award and then we will discuss the terms of the arbitral award and enforceable judicial control over it and then move to the conclusion and its recommendations.



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