Abstract

Nowadays, arbitration has been receiving much attention. Such attention can be manifested through enacting national legislations and international agreements to regulate it. Such legislations and agreements address the way of choosing arbitrators and the conditions of obtaining membership in the arbitration body. The judicial control is enforced on the arbitration process, because the judiciary is considered the one that has jurisdiction over the settlement of disputes. Such control is enforced to ensure that the arbitral awards are unbiased and impartial. It’s enforced to reach a sound arbitral award that is free from faults. It’s enforced to ensure that nothing shall affect the formation of the arbitration body and its arbitral award.
 
 The present study aimed to explore the extent of control enforced by judiciary on the appointment and dismissal of arbitrators and the consideration of the assignment of arbitrators as void. It aimed to identify the extent and limits of this control. Thus, it aimed to identify the way in which the Jordanian legislator regulated these matters. The researchers of the present study adopted an analytical approach to analyze the legislative texts listed in the Jordanian arbitration act and the comparative acts. They also analyzed the relevant judgments issued by the Jordanian court of cassation.

Highlights

  • IntroductionThe world has become a small village. That affected various aspects of life; political, social, moral and economic aspects

  • Due to experiencing globalism, the world has become a small village

  • The present study aimed to explore the extent of control enforced by judiciary on the appointment and dismissal of arbitrators and the consideration of the assignment of arbitrators as void

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Summary

Introduction

The world has become a small village. That affected various aspects of life; political, social, moral and economic aspects. All the companions of Prophet Mohammad suggested that it’s permitted to seek arbitration They used arbitration as a method for settling many disputes between Muslims in various issues. It’s rare to find an international contract that doesn’t include a clause that regulates the settlement of contractual disputes In this context, arbitration refers to optional arbitration. That’s because arbitration doesn’t have one judicial body responsible for hearing the case involving a dispute derived from an international business contract. The disputed parties are responsible for choosing the arbitrators and their duties and the place of performing the arbitrating process. They are responsible for choosing the law to be applicable on the case and the arbitration procedures. The judiciary may dismiss the arbitrators or consider their assignment as void in case there are legal reasons that require doing so

Statement of the Problem and the Study’s Approach
The Formation of the Arbitration Body
Choosing Arbitrators in the Ad Hoc Arbitration4
Formation of the Arbitration Body by Both Parties
Choosing Arbitrators under the Institutional Arbitration System
Formation of the Arbitration Body by the Two Parties
Formation of Arbitration Body by the Court
The Conditions of Obtaining Membership in the Arbitration Body
The Member of the Arbitration Body Must Be Enjoying Civic Capacity
The Arbitrator Must Be A Natural Person
The Arbitrator’s Nationality
The Expertise of the Arbitrators
The Permissibility of Assigning the Judge As An Arbitrator
The arbitrator must be literate
17 The ones supporting this view include
Taking the oath
The Arbitrator’s Religion
The Judicial Control Enforced over the Formation of an Arbitration Body
Conclusion
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