JCC 112/2022

This case looked at the jurisdiction of an arbitration panel. It considered what happened if there were claims of forgery and the validity of the contract had already implied accepted validity.

Background

An arbitration panel has jurisdiction only over matters that the parties have agreed to arbitrate. This jurisdiction is an exception to the general jurisdiction of state courts. Therefore, if a preliminary issue arose that fell within the scope of the arbitration agreement, the arbitration panel had the authority to decide on it.

However, if the issue was not covered by the arbitration agreement, it fell outside the jurisdiction of the arbitration panel, unless both parties had jointly requested the panel to decide on it, extending the panel’s jurisdiction to include it.

The proceedings before the arbitration panel would be suspended according to the conditions and terms stipulated in the Civil Procedure Law (Jordan Law No. 24/1988). The suspension of the proceedings entailed the effects provided for in the law, in accordance with Article 35 of Jordan Law No. 31/2001 .