JCC 2301/2022
This case involved the role of a judge in arbitration and the appointment of an arbitrator.
Background
Despite the legislative recognition of arbitration as a partner to the judiciary under the provisions of Jordan Law No. 31/2001 and its amendments, and the establishment of its independence from the judiciary under Article 8 of Jordan Law No. 31/2001, which was known as the principle of non-intervention by the judiciary in arbitration, the legislator had permitted judicial intervention in the arbitration process up to the point of enforcing the award issued by arbitration. This intervention occurred in two specific roles to achieve effectiveness and integration between the two systems: the first was the supportive role for the parties to arbitration, including disputants and arbitrators, and the second was the supervisory role over arbitration awards, where the judiciary exercised its legal authority to annul the arbitration award entirely or partially or to order its enforcement.