JCC 5944/2018
This case involved the different types of ways of agreeing to arbitration. It also included what happened where government or public institutions were involved.
Background
Arbitration was a special method of resolving disputes, with the general rule being that the judiciary was the competent authority for dispute resolution. However, the law allowed contracting parties to agree to refer their disputes to arbitration. This could be done either through a clause in the contract, known as an arbitration clause, or through an agreement made after the dispute had arisen, called an arbitration submission. The parties defined the scope of this agreement and determine who had the right to resort to arbitration in the clause or submission.
Decision
In relation to government or public institutions represented by the Civil Public Attorney, notifications should be delivered to the Civil Public Attorney, one of their assistants, or the head of the office, in accordance with Article 10(1) of Jordan Law No. 24/1988.
This case was recommended by the Jordan International Arbitration Centre.