JCC 1139/2022

This case involved the inability of an arbitrator to reach a decision on an award.

Background

According to Article 3 of Jordan Law No. 31/2001 , the law applies to consensual arbitration and any arbitration agreed to be subject to this law, regardless of the nature of the legal relationship involved, whether contractual or non-contractual. Article 9 of Jordan Law No. 31/2001 clarifies that an arbitration agreement is an agreement between the parties, whether legal entities or natural persons with the legal capacity to contract, to refer to arbitration all or some disputes that have arisen or may arise between them on a specific legal relationship, whether contractual or non-contractual. Article 10 of Jordan Law No. 31/2001 stipulates that the arbitration agreement must be in writing; otherwise, it is invalid. An arbitration agreement is considered written if it is contained in a document signed by the parties. Article 12 of Jordan Law No. 31/2001 mandates that a court presented with a dispute that is subject to an arbitration agreement must dismiss the case if the defendant raises the arbitration agreement before addressing the merits of the case.