The Judicial Control Enforced over the Formation of the Arbitration Body in Pursuant to the Jordanian Arbitration Law

  •  Maher J. Aljaber    
  •  Murad M. Al-Shnaikat    
  •  Asma M. Al-Raqqad    


Nowadays, arbitration has been receiving much attention. Such attention can be manifested through enacting national legislations and international agreements to regulate it. Such legislations and agreements address the way of choosing arbitrators and the conditions of obtaining membership in the arbitration body. The judicial control is enforced on the arbitration process, because the judiciary is considered the one that has jurisdiction over the settlement of disputes. Such control is enforced to ensure that the arbitral awards are unbiased and impartial. It’s enforced to reach a sound arbitral award that is free from faults. It’s enforced to ensure that nothing shall affect the formation of the arbitration body and its arbitral award.

The present study aimed to explore the extent of control enforced by judiciary on the appointment and dismissal of arbitrators and the consideration of the assignment of arbitrators as void. It aimed to identify the extent and limits of this control. Thus, it aimed to identify the way in which the Jordanian legislator regulated these matters. The researchers of the present study adopted an analytical approach to analyze the legislative texts listed in the Jordanian arbitration act and the comparative acts. They also analyzed the relevant judgments issued by the Jordanian court of cassation.

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