آلية تنفيذ أحكام التحكيم في الأردن : دراسة تقييميّة في ظل قانون التحكيم رقم 31 لسنة 2001م

الملخص EN

This article deals with a very important theoretical and practical issue, which is the mechanism according to which arbitral awards are enforced within the regulation of the Jordanian Arbitration Law.

The importance of this issue stems from the importance of arbitration, which constitutes an alternative to adjudication in terms of dispute settlement.

Enforcement of arbitral award is considered the main purpose sought by the parties to a dispute when referring their dispute to arbitration.

This article, by illustrating and assessing the mechanism according to which arbitral awards are enforced in Jordanian Arbitration Law, finds that the Jordanian legislator did not give the arbitral awards any forcefulness of its own.

In other words, the Jordanian legislator stated that the parties, in order to enforce the arbitral award, have to refer to the courts of law, which can decide whether such awards are eligible for enforcement.

The article has, mainly, concluded that the adopted regulation needs to be amended.

This is to say that the legislator should make the arbitral award enforceable of its own, without the need to refer the matter to courts.

Such thing agrees with the purposes and privileges of arbitration.