السياسة التحكيمية في منازعات عقد الوكالة التجارية في القانون الأردني

Abstract EN

This study addressed the arbitral policy relating to the disputes of the commercial agency contract in the legislation and in the Jordanian judiciary in two sections.

The first dealt with the arbitral policy of legislator in the Law of Commercial Mediators and Agents, and the interpretation of the Court of Cassation regarding article (16) of the said law that gives exclusive jurisdiction to Jordanian judiciary over the disputes of the commercial agency contract.

The second section showed that this policy conflict with the policy of Arbitration Law of 2001 and Arbitration Conventions to which Jordan has acceded.

It is argued that such conventions supersede the Law of Commercial Mediators and Agents.

This research suggests that it is important to allow arbitration in the disputes of commercial agency contract, and this is what had been approved by the Court of Cassation recently.

At least, we can say that the rule of the exclusive competence of Jordanian judiciary could not be applied in practice as long as a Jordanian agent may resort to foreign arbitration.

Therefore, there is a need to have a legislative clarification regarding the extent to which arbitration is allowed in the disputes of commercial agency contract, especially after the court adopted the policy of Arbitration Act of 2001, which encourages arbitration.