JCC 916/2022
This case considered what constituted a written agreement in the context of an arbitration agreement. It also looked at the impact of the New York Convention and whether situations where a dispute stemmed from an agency agreement.
Background
Article 10 of Jordan Law No. 31/2001 stipulated that an 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 this was paper or electronic, or other written communication means that confirmed receipt and served as a record of the agreement. Any reference or attachment in the original contract between the parties to another document, such as a model contract or an international agreement that included an arbitration clause, was deemed to be a written agreement unless explicitly excluded by the parties.
The principle of rebuttal evidence was established under the provisions of Article 59(6) of Jordan Law No. 24/1988 for both the main lawsuit and the applications submitted. The acceptance of evidence, if necessary for deciding the lawsuit, was within the discretion of the trial courts according to Article 100 of Jordan Law No. 24/1988.