Articles 51 and 54 of the Jordanian Arbitration Act

Abstract

Purpose

On two different occasions, the Jordanian Constitutional Court has ruled that Articles 51 and 54 of the Jordanian Arbitration Act no. 31 of the year 2001 are unconstitutional and null. In view of this, this paper aims to attempt to give the reader a brief preview of the Jordanian Arbitration Act, the Jordanian Constitution and the Jordanian Constitutional Court. It also highlights and critically analyzes the Jordanian Constitutional Court two decisions pertaining to the Arbitration Act and its special implications in this regard from the perspective of arbitration law and the distinct characteristics embedded in it.

Design/methodology/approach

To examine how effective is the approach followed by the Constitutional Court in ruling the unconstitutionality of the aforementioned Articles, this work makes use of the primary and secondary data available in this regard as the main method to complete such an examination. By critically analyzing and comparing the various data contained in these sources, this work identifies the problems associated with such decisions.

Findings

This work submits that while the Constitutional Court has rested its rulings largely on constitutional principles, concerns arising from the Arbitration Act perspective have not been dealt with adequately by the Court. Furthermore, it argues that while the principles of the constitution shall be respected, the distinct characteristics of the arbitration law warrant a more careful approach than actually followed by the Court.

Originality/value

Taking into consideration the importance of arbitration as an alternative mean for dispute resolution, the Jordanian legislator has addressed the application of arbitration as early as the year 1953. However, while the Constitutional Court’s questionable approach to the aforementioned articles would necessarily hinder the use of arbitration, no comprehensive scholarly work has either examined such approach or addressed its implications. Accordingly, this work derives its originality and value from being the first of its kind to examine and address such a matter