Abstract
<p>The contract generally means the consent of two wills to make a particular legal effect of giving or doing work or abstaining from work in return for material or in-kind compensation. As for the commercial nature of the contract, in the Jordanian civil law, the contract is considered commercial if it is included in the business stipulated in Article 6 of the Jordanian Trade Law. A contract is commercial if its subject matter is one of the acts provided for in article 6 of the Trade Law, as is the case with the purchase of movables for the purpose of selling them, and the agency commission and brokerage. On the international level, the commercial character of the contract comes closest to the extent to which the contract relates to international trade as the export or import of goods that regulate the movement of goods across the borders of one State. After the good study of the subject, we find that there are a number of questions or problems that accompany the determination of the internationality of the contract, including the extant of adequacy of the personal internationality, in addition to, whether the introduction of the purely national relationship to the jurisdiction of the foreign country lead to the internationalization of the relationship. The study will deal with international standards of the contract in different international theories and conventions. I will discuss the legal and economic standard in section I, the mixed standard in section II and the standards of the internationality of the contract in accordance to international conventions, especially the Vienna Conventions, The Hague Convention, the Rome Convention and the International Convention on International Arbitration in Section III.</p>
Highlights
The Jordanian legislator defined the contract in article 87 of the Jordanian Civil Code by saying: “The contract is the relationship of the offer made by a contractor to the acceptance of the other and their concurrence in a manner that proves its effect on the contract and the obligation of each of them to the other” (Jordanian Civil Law, 1976)
The jurist Rabel said that the international contract is understood by the concept of the violator of the internal contract since the internal contract is connected to all its elements by one sovereignty and that is free from every foreign element. (Khalid Schuerb,2009:15)
The arbitration clause is considered as evidence of the internationality of a contract in the sense that there is an overlap between the internationality of the contract and the internationality of arbitration and that the arbitration clause is independent in the contract and is acceptable only in the international contract (Mohammad Saad Al-Din,2008:17)
Summary
The Jordanian legislator defined the contract in article 87 of the Jordanian Civil Code by saying: “The contract is the relationship of the offer made by a contractor to the acceptance of the other and their concurrence in a manner that proves its effect on the contract and the obligation of each of them to the other” (Jordanian Civil Law, 1976). It is important to identify the concept of an international contract and what distinguishes it from other contracts, as the definition of the international contract and the identification of what distinguishes it from similar contracts is an urgent necessity because of the special importance that the characteristics of these contracts have. These includes: The automatic exclusion of domestic law and resorting to the conversion of the legal rules governing international contracts, whether they are internal rules that are competent according to international law or substantive rules or, in other words, the determination of jurisdiction in the international contract. The arbitration clause is considered as evidence of the internationality of a contract in the sense that there is an overlap between the internationality of the contract and the internationality of arbitration and that the arbitration clause is independent in the contract and is acceptable only in the international contract (Mohammad Saad Al-Din,2008:17)
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