الضوابط الموضوعية و الإجرائية لرد المحكم في القانون الأردني : دراسة مقارنة

الملخص EN

It is a fundamental principle in arbitration, whether national or international, that every arbitrator must be and remain independent and impartial of the parties and disputes.

In addition, an arbitrator bears an ongoing duty of disclosure that requires him/her from the moment that he/she is considered to be sitting as arbitrator until the end of the proceedings to disclose to the parties all circumstances that may give rise to reasonable doubts regarding his/her independence or impartiality.

These principles are embodied in Article (15/C) of the Jordanian Arbitration Law No.

31 of 2001 as amended in Law No.

(16) of 2018.

Disclosure constitutes the cornerstone of the arbitrator’s duty to be and remain independent and impartial.

This duty is a condition for the validity of the constitution of the arbitral tribunal and a prerequisite for a party’s right and power to challenge and disqualify the appointment of the alleged dependent and partial arbitrator.

This research examines the independent, impartiality and disclosure duties of an arbitrator through the examination of the disqualification legal regime of the Jordanian arbitration law as set out in Articles 17 and 18 of the Jordanian Arbitration Law No.

31 of 2001 as amended by law No.

16 of 2018.

The research deals with the legal action of the disqualification of an arbitrator from both substantive and procedural aspects.

It defines the concept of disqualification, identify the concepts of independence, impartiality and disclosure and clarify all procedural requirements of disqualification including: who can submit an application to disqualify an arbitrator? How and to whom should the application be submitted? What are the powers of the arbitral tribunal in relation to the referral of the disqualification application? What are the effects of the Court of Appeal’s decision disqualifying an arbitrator on the constitution and the arbitration procedures including the arbitral award ?