التحكيم في قانون الجمارك الأردني ما بين النظرية و التطبيق : دراسة مقارنة

الملخص EN

Arbitration is generally considered a contemporary legal phenomenon as a result of the recognition of its legitimacy by all members of the international community on the different legal systems, and the different economic situation it has.

Arab unified under the efforts of customs administrations in the Arab world to develop a unified Arab customs law.

In view of the importance of the role played by the Customs Law as an economic and procedural law in moving the wheel of the economy, and regulating the movement of domestic and international trade, we had to study and discuss this issue (customs arbitration) in light of the ence of the Jordanian Customs Law and its amendments No.

20 of 1998, from mentioning it In the near future, in terms of expressly resorting to arbitration for the settlement of customs disputes, which represent and rightly disputes of a financial, investment and commercial nature, such disputes revolve around important customs and commercial issues (such as customs value, origin and type of goods, and the definition item).

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) and so on Jordanian Customs Law No.

16 of 1983 and the text clearly and explicitly the right to resort to arbitration, and that article 78 / b of it.

One of the main and important objectives of this study is to create a customs arbitration system to fill the legislative vacuum, which deals with customs arbitration in the Jordanian Customs Law and its amendments No.

20 of 1998, as well as some Arab countries that dealt with customs arbitration within the provisions of their customs laws, such as the Egyptian Customs Law No.

66 of 1963, as amended.

Law No.

160 of 2000, which explicitly and explicitly provided for customs arbitration and the Syrian Customs Law No.

38 of 2006.

On the other hand, a concept and study before the concerned in the development of a unified Arab customs legislation on the need to pay attention to the subject of customs arbitration within its texts, for its direct impact on the Separation of Arab customs disputes, which are considered as investment disputes in the first place, up to an Arab customs arbitration body within the bodies of an Arab arbitration chamber concerned with the settlement of Arab arbitration disputes, including customs disputes, as one of the forms of investment disputes, which are of a special type.