The new Jordanian Arbitration Act 2001 and the contribution of the model law to its development
Jordan has witnessed a drastic development in its commercial relations, which has been accompanied by rapid economic development. This has led to enactment of a new Arbitration Act, to replace the old one, which came into force on 15 August, 2001. The new Act is based on the UNCITRAL Model Law, and is therefore considered to be the closest equivalent to the Model Law, although it contains some amendments in its provisions, in order to comply with Jordanian legislation. I intended to tackle the entire Act. However, as it is impossible to thoroughly cover this Act because of the limited space which I have to write this thesis, I shall therefore cover the major points, as well as comparing them to the Model Law. In order to conduct a satisfactory study of the new Act, this study has been divided into seven Chapters. Chapter one gives a background to arbitration, examines the development of arbitration and deals with the advantages and disadvantages of arbitration. Chapter two deals with the arbitration agreement. The aim of this chapter is to consider the requirement of issuing a valid arbitration agreement and to show the effect of this agreement. Chapter three deals with two important doctrines of arbitration; the principle of separability of the arbitration agreement and the competence/competence doctrine. This chapter deals with the foundations of the principle of separability and the consequences of adopting this principle. This chapter also discusses the competence/competence doctrine, defining and clarifying it. Chapter four is devoted to the arbitral tribunal, covering the task of the arbitral tribunal in issuing a valid award, and dealing with the powers and duties of the arbitrator. Chapter five identifies the arbitral award and identifies the question of legal existence of the arbitral award. Chapter six is devoted to dealing with challenges to an award and the conditions for such a challenge. It also attempts to identify the question of the legal existence of the arbitral award in order to obtain leave from the court to recognise and enforce it. Chapter seven is an evaluation of the new Jordanian Arbitration Act. In this chapter, two questionnaires have been conducted and submitted to Jordanian lawyers and to the layperson in Jordan, asking them their opinion of the new Act. In this chapter, I will try to analyse the results of these questionnaires.