JCC 977/2018

This case involved whether the court of appeal could look into where the courts could consider the scope given to experts in arbitration. It also looked at the legal status of arbitration panel decisions.

Background

A contract was the law and constitution for the contracting parties, governing the relationship between them according to the terms and conditions stipulated in it, in accordance with Article 87 of Jordan Law No. 43/1976.

An action to annul an arbitration award was not admissible unless the arbitration award disregarded the application of the law agreed upon by the parties to govern the subject matter of the dispute, in accordance with Article 49(a)(4) of Jordan Law No. 31/2001.

If it was evident from the terms of reference and the procedural rules signed by both parties through arbitration that the arbitration panel was committed to considering the dispute according to Jordan Law No. 31/2001 and any substantive or procedural laws applicable to the dispute before it, then the panel was deemed to have adhered to the arbitration terms of reference agreed upon by the parties.