مخالفة النظام العام كأحد أسباب بطلان حكم التحكيم في القانون الأردني

Abstract EN

This paper deals with the subject of infringing public order as a reason for the annulment of an arbitration award in Jordanian law.

It centers around three topics: the concept of public order, ways of infringing public order that lead to the annulment of an arbitration award, and review of an award due to infringement of public order.

The paper explains the difference between the concept of domestic public order and that of international public order, a difference that is not reflected in the Jordanian Amended Arbitration Act no.

16 of 2018, especially in rulings related to lawsuits challenging an award.

The paper also explains the difference that exists between cases of infringing public order in an award and other cases where the agreement reached in arbitration has to do with an issue that cannot be allowed to be subject to arbitration.

In both situations, however, the court can voluntarily raise the above issues and rule in favor of annulling an award even without any of the opposing parties requesting it.

The paper points out that review of an award is carried out by means of a lawsuit challenging the award for specific and exclusively set out reasons including the infringement of public order.

Such a lawsuit is directed at procedural mistakes made by the arbitrator rather than his/her assessment.

The Court of Cassation checks the lawsuit following specific procedural rules, some of which are outlined in the Arbitration Act while others are outlined in the Principles of Civil Trails Act no.

24 of 1988 and its amendments, which is the general basis of procedural rules.