الطعن بالتمييز بقرار محكمة الاستئناف القاضي بتأييد حكم التحكيم في ضوء حكم المحكمة الدستورية الأردنية رقم ٢ لسنة ٢٠١٣ الصادر بتاريخ 3 4 2013 القاضي بعدم دستورية المادة (51)‎ من قانون التحكيم الأردني

Abstract EN

If the system of appeal for the public judge (judge of state), has reached to an advanced degree of stipulation of its concepts that is based on, and attracted countless researches, therefore the study of appeal system for the decisions of privet judge (arbitrator) has not been passed yet the stage of crisis, despite the fact that the human society has known arbitration as a tool to resolve despites before the identification of litigation.

Thus, this study problem is related to highlight the ruling of the constitutional court No.2 of 2013 that issued on 3/4/2013, which held that paragraph one of article (51) of the arbitration Act of Jordan is unconstitutional, and which indicating: deprive the convicted from appealing the decision of the appeal court that support the decision of the arbitrators, and the legal rule resulted thereof is permitting the appeal by appealing the decision of the appeal court with regard to the claim of invalidating the arbitration decision, whether the decision was supporting the decision of arbitrators or invalidating it.