Jurisdiction and Applicable Law to International Commercial Agency Agreements from a Jordanian Perspective

Abstract

Abstract Doing business abroad within the framework of commercial agency or distribution agreements presents not only several financial and commercial challenges but also legal ones, raising questions about the applicable law, jurisdiction, and particularly the arbitrability of disputes arising out of commercial agency agreements governed by Jordanian law. The purpose of this article is to highlight selected aspects of Jordanian commercial agency law from the perspective of private international law in Jordan. It aims to discuss the applicable law and jurisdiction pertaining to international commercial agency agreements subject to Law No. 28 of 2001 on Commercial Agents and Intermediaries as a mandatory law. The article highlights the recent different methodological approaches adopted by the Jordanian Court of Cassation in dealing with commercial agency agreements, which can be described as heterogeneous, controversial, and traditional; they are tainted with dogmatic traditions and at odds with the Court’s own grundnorms.