JCC 3198/2022

This case involved the arbitration of arbitration agreements which were in clauses in earlier contracts.

Background

According to Articles 9 and 10 of Jordan Law No. 31/2001 , an arbitration agreement was an agreement between the parties, whether legal entities or natural persons, to refer all or some of the disputes that have arisen or may arise between them regarding a specific legal relationship, whether contractual or non-contractual, to arbitration. The arbitration agreement must be in writing; otherwise, it was invalid. An arbitration agreement was considered written if it was contained in a document signed by the parties, or in the form of written communications, whether paper or electronic, or other written communication meant that confirmed receipt and served as a record of the agreement. It may also be referenced or attached in the original contract between the parties to another document, such as a model contract or an international agreement that included an arbitration clause, unless explicitly excluded by the parties.

Judicial precedent and arbitration doctrine had established that the arbitration agreement enjoyed the principle of independence from the original contract, thereby constituting an equivalent agreement to the primary contract, according to the JCC Case No. 4472/2019.