نطاق مشروعية اتفاق التحكيم في المنازعات الناشئة عن عقود الاستهلاك في القانون الأردني

Abstract EN

The Jordanian law number 7/2017 relating to the protection of the consumer has permitted alternative means of dispute resolution, including arbitration, to settle the disputes arising from ‘consumer contracts,’ while affirming the consumer’s right to bring an action in court.

However, this law does not contain a special regulation of arbitration.

It follows that arbitration in ‘consumer disputes’ is governed by the general rules under the Arbitration law, which may not always suit the ‘consumer disputes.’ Besides, the consumer’s consent to arbitration may be questioned, particularly where the ‘consumer contract’ is based on model clauses produced by the supplier against the consumer, whose position is weak.

While the Arbitration Amendment Law number 16/2018 has annulled arbitration clauses inserted in consumer contracts, the concept of unfair clauses contained in the Consumer Protection Law may limit the validity of the terms of an arbitration agreement made with a consumer after a dispute had arisen.

Therefore, this article examines ways to ensure the consumer’s consent to arbitration and to protect the consumer against unfair arbitration procedures.

The article puts forward certain solutions based on general principles, which need to be enacted in a special regulation of arbitration in ‘consumer contracts.’