The legal regulation of the nullity of an arbitration award in Jordanian legislation

Abstract

This study addressed the legal frameworks for the nullity of an arbitration award in Jordanian legislation, relying on the descriptive approach using the analytical method, to solve the main issue of the study, which is the adequacy of the legal frameworks and provisions governing the nullity of an arbitration award in the Hashemite Kingdom of Jordan. The study concluded that the control over arbitration judgements is limited as arbitration is a special judiciary parallel to the ordinary judiciary, which has a special nature, and therefore did not open the door to challenge arbitration judgements on appeal, and the study concluded that the legal grounds for the nullity of an arbitration award are specified by law and may not be violated or agreed upon otherwise.

Considering the findings, the study recommended amending Article 49(a) to allow the parties to agree on different grounds for the claim of nullity of the arbitral award, allowing the parties to expand or narrow the grounds for nullity, except for what is contrary to public order.