Enforcement of Arbitral Award in Jordan
Recognition of Arbitral Award
The Jordanian legislator has decided several ways to settle the disputes that arise in society. One of the most important ways to settle disputes in Jordan is filing a lawsuit to courts, which are known as the official way adopted by the State as a general rule. Courts are often crowded with lawsuits and disputes that affect the level of the courts’ work, where there is always talk about the slow process of litigation and delay in the litigants’ attainment of the rights established by the substantive laws thereof.
Arbitration is generally defined as an agreement to settle disputes, in which a person, other than litigants, issues a judgment terminating the dispute and this judgement shall be binding on litigants by following the procedures specified by law, or by an agreement as permitted by law. The Jordanian legislator has decided to organize the issues related to arbitration in a special law, which is the Arbitration Law No. 31 of 2001.
The Jordanian legislator recognizes arbitration as an alternative way to settle disputes, but it states that the arbitral award cannot be enforced against the will of the judgement debtor except by following an exclusive method that requires passing through several procedures that end with the issuance of a judicial decision authorizing this enforcement.
Procedures of giving the arbitral award the form of enforcement in Jordan :
According to the aforementioned, the Jordanian legislator decided that the arbitral award issued by the tribunal, acquires enforcement coercively, as a general rule, only if it is given “the force of enforcement “. This force of execution or enforcement is obtained from a court that the legislator has given the name of ” the competent court.” This is done, as a general rule, through a request submitted for this purpose by the prevailing party, unless the judgement debtor voluntarily enforces the arbitral award of his own accord. The request of the enforcement mentioned herein shall be submitted, as indicated above, to a specific authority and shall conform to certain rules.
The request to the competent Court of Appeal shall require documents which are:
- The name of the court to which the request is submitted.
- The name of the applicant of attainment of the executive force (the applicant), his address, and the name of his representative, if any, as well as his address.
- The name of the judgement debtor (against whom is the executive force), his address, and the name of his representative, if any, and his address.
- The subject matter (i.e. the subject matter of the request).
- Briefing on the subject matter in which the arbitral award is attained.
- Determining the date of the arbitral award intended to have an executive force, and the date of notification to the judgement debtor.
- The signature of a senior attorney on the request, unless the applicant (the applicant of the executive force) is a senior attorney: This issue is determined by the Law of the Bar Association, which stipulates in Article 41 that the requests and briefs before the Court of Appeal shall contain the signature of a senior attorney as a general rule.
The papers required to the enforcement of the arbitral award in Jordan:
- A copy of the arbitration agreement. As the importance of submitting such an issue lies in enabling the court to know the extent to which the subject of arbitration is in agreement with the public order; it is seen that the Jordanian legislator has decided that if the court determines that the subject matter of the arbitration runs contrary to the public order, it shall not order its enforcement as further described below.
- The original judgment or the signed copy thereof: The reason for such a request is the court’s familiarity with the judgment to be enforced. If the issue is clear when requesting the original, then the copy, in case that it is required, shall conform to specific conditions, as the legislator stated that the copy shall be signed, and it is more likely that the purpose is the copy to be signed by the tribunal, which shall state its conformity with the original.
- Arabic translation of the arbitral award not written in Arabic. Perhaps this judgement is also considered to the arbitration agreement. In the translation provided, it shall be certified by an accredited body.
Which court is competent in Jordan to consider the request of confirming Arbitral Award?
It is defined in Article Two of the Arbitration Law as the Court of Appeal. The legislator has defined this court by saying that it shall be determined by the agreement of the parties, whether this agreement shall be prior or consequent to the arbitration process. If the parties shall not agree on the competent court, the legislator obliged the competent court to decide the executive force is the appeal court, which arbitration took place within its jurisdiction.
Shall the request be handled as a regular lawsuit before the Court of Appeal?
According to the aforementioned, the Jordanian legislator stated that the appeal court is exclusively obligated to consider the request submitted thereto ” for examination.” And this is what Article 54 stipulated, Arbitration, by saying: “A – The competent court shall consider the request of enforcement with examination. The examination is a word approved in the core of the Civil Procedure Law, which deals with the details of the appeal Court’s consideration of the request submitted thereto and this word means that the competent court shall examine the request submitted thereto by reviewing the papers submitted without the need to hold hearings called by the litigants.
What shall the appeal court in Jordan decide regarding the request submitted thereto?
With regard to the court’s situation considering the request submitted to enforce the arbitral award, if there is no violation of public order in the award and that the judgement debtor has been informed with a valid notice, then the court shall decide to enter the award into force. Therefore, there are two cases in which the appeal court decides to reject the confirmation request of the tribunal’s award, namely:
- If the arbitral award includes something that violates the public order.
- Failure to be notified validly.
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