اتفاق التحكيم بين الرقابة القضائية السابقة له و الرقابة القضائية اللاحقة وفقا لأحكا قاون التحكيم الأردني المعدل رقم 61 لسنة 2018

الملخص EN

This study highlights the importance of this study in clarifying the judicial oversight role prior to and subsequent to the arbitration agreement, starting from verifying the existence and validity of the arbitration clause and even monitoring the claim of invalidity of the arbitral award.

The danger of judicial oversight over the arbitration agreement lies in balancing two considerations: the first is to respect the will of the parties to the dispute that preferred to resort to arbitration, and the second represents the national interest and public order, which exclude recognition of a defective arbitral award, or contrary to public order and morals.

Hence the problem of this study arose, and it was necessary for us to tackle it to shed light on the concept of the judicial oversight role on the arbitral process.

This study reached a set of results, the most important of which is that the Courts of Cassation and Appeal considered, through many of their frequent rulings, that their oversight of the arbitral award is a formal, procedural oversight.

The Study concluded a number of recommendations, the most important of which is establishing an institutional review center with its own rules and procedures whereby judgments undergo- before their issuance- an institutional review to evaluate them in such a way that raises the level of judgments issued.