JCC 297/2023
This case involved situations where an arbitration agreement had been create after a dispute had begun and had been filed with the judiciary.
Background
An arbitration agreement could be made prior to the emergence of a dispute, whether it was an independent agreement or included in a specific contract on all or some of the disputes that may arise between the parties. It was also permissible to enter into an arbitration agreement after a dispute had arisen, even if a lawsuit on it had already been filed before any judicial authority, in accordance with Article 11 of Jordan Law No. 31/2001 .
The arbitration panel decided on objections related to its lack of jurisdiction, including objections based on the non-existence, expiration, invalidity, or non-coverage of the arbitration agreement on the subject matter of the dispute. The panel could decide on these objections separately or combine them with the subject matter to decide on both together. These objections had to be raised no later than the submission of the answer brief, in accordance with Article 21 of Jordan Law No. 31/2001.