JCC 1672/2020

This case involved the deadline for agreeing an arbitration award and if experts needed to be under oath.

Background

The principle was that the parties agreed on the arbitration deadline, which was often set in the terms of reference and procedural rules. The arbitration panel must then issue the final award within this timeframe. Article 37(a) of Jordan Law No. 31/2001 stipulated that the arbitration panel must issue the final award within the period agreed upon by the parties.

Article 24 of Jordan Law No. 31/2001 stated that the parties to arbitration may agree on the procedures to be followed by the arbitration panel, including their right to subject these procedures to the rules of any arbitration institution or centre. The parties may also explicitly or implicitly agree to extend this period. Regardless of the form of this extension, it must be agreed upon by all parties or those authorized to agree to arbitration on their behalf. Additionally, the parties’ appearance before the arbitration panel, their involvement in the case, or the exchange of briefs or documents after the original deadline constituted an implicit agreement to an extension.

Decision