The Plea of Lack of Jurisdiction of the Foreign Law in Disputes Involving Foreign Elements

Abstract

Determining the applicable law in disputes involving a foreign element is one of the critical issues that typically has not yet received broad jurisprudential and legislative attention due to the nature of the issues regulating it. Basically, disputes related to international relationships are treated through rules called 'Attribution.' These rules typically serve as guidelines demonstrating which applicable law should be resorted to in the prevailing disputes. Locally, despite the efforts the Jordanian lawmakers made to regulate International' foreign' relationships, some of these regulations are inadequate, particularly in cases related to the adversaries' right to claim a lack of jurisdiction of the Foreign Law specified under the attribution rules. Since the subject of pleading this issue was not regulated by clear and explicit texts in Jordanian legislation, the deficiency, ambiguity, and shortcomings were the primary features of these rules, and given the importance of this issue, we present this research to elucidate and analysis the suitability of the rules concerned with regulating the plea of lack of jurisdiction of the foreign law and the legal effect of this plea.