THE NATIONAL RECOGNITION OF THE INTERNATIONAL ARBITRATION IN THE INTERNATIONAL TRADE DISPUTES: A COMPARATIVE STUDY BETWEEN THE FRENCH AND JORDANIAN LAWS

Abstract

The article treats the recourse of the parties to disputes in international trade to arbitration, as they can choose arbitrators specialized in the subject matter of the dispute, far from the conflict of national laws and the dilemmas of attribution rules in private international law. This article employed a qualitative analysis and research approach. The research found that the increase in recourse has raised legal questions regarding the settlement of disputes outside the borders of the state, especially since the association of the international contracts with economic values protected by national laws creates obstacles to subjecting these disputes to the international arbitration. How have the national laws dealt with the international arbitration, affected it and were affected by it? The research responded to these questions by consulting the French and Jordanian law. As a result, the arbitration takes the international character of the presence of foreign elements in the relationship or because of the subject of the dispute to be resolved, and this is the legal criterion. A valid arbitration agreement produces its own law independently of the mechanisms of national law. National legislation should recognize an international arbitration decision as long as the arbitration decision is validly rendered in accordance with the law governing the arbitration process. French law recognizes the international arbitration decisions, while Jordanian legislation does not recognize international arbitration decisions through direct provisions, but rather recognizes the decisions because of its commitment to implement the 1958 New York Convention.