Law No. 31 of 2001
(Jordan) Arbitration Law
Article 1:
This law shall be called (Arbitration Law of 2001) and shall come into force after thirty days of publishing it in the Official Gazette
General Provisions
Article 2:
a. The following expressions, wherever appearing in this law, shall have the meaning assigned thereto unless the context indicates otherwise:
Arbitral Tribunal: the tribunal composed of one or more arbitrators to adjudicate a dispute referred to arbitration in accordance with the provisions of this law.
Competent Court: The court of appeal within its jurisdiction the arbitration is conducted unless the
parties agree to the jurisdiction of another court of appeal in the Kingdom.
b. The expression “two arbitrating parties” in this law means the “two parties to arbitration” or “ the parties to arbitration”, as the case may be.
Article 3:
The provisions of this law shall apply to every conventional arbitration conducted in the Kingdom and relates to a civil or commercial dispute between parties of public or private law persons whatever the legal relationship to which the dispute is connected, whether contractual or not.
Article 4:
The provisions of this law shall apply to every arbitration existing at the time of its entry into force or commences thereafter even if it is based on an arbitration agreement prior to the entry into force of this law, provided that all previous procedures taken in accordance with any prior law shall remain valid.
Article 5:
In cases where this law allows the two arbitrating parties to choose a procedure that should be followed in a certain issue,
this includes their right to authorize a third party to choose such procedure; and any arbitration institute or center,
in the Kingdom or abroad, shall be deemed (in this respect) as a third party.
Article 6:
a. Unless otherwise agreed by the two arbitrating parties, any (written) communication is deemed to have been received by a party, if it is delivered to the addressee personally, or delivered at his place of business, habitual residence or mailing address known to both parties, or that is defined in the arbitration agreement or in the document regulating the arbitral relationship between them.
b. If none of these (addresses) can be found after making serious inquiries, a (written) communication deemed to have been received if it is sent, by a registered letter, to the addressee’s last known place of business, habitual residence or mailing address.
c. The provisions of paragraphs (a) and (b) of this article do not apply to judicial notifications before the courts.
Article 7:
A party who knows that any requirement under the arbitration agreement or any provision of this law from which the parties may derogate has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance within the time limit agreed upon or, in case of non-agreement, within a reasonable time, shall be deemed to have waived his right to object.
Article 8:
In matters governed by this law, no court shall intervene except in cases provided for therein without prejudice to the arbitral tribunal’s right of asking the competent court for assistance in the arbitral proceedings, such as calling a witness or an expert, ordering the submission of a document or a copy thereof or reviewing it, or any other thing, as the tribunal finds appropriate.
Arbitration Agreement
Article 9:
Arbitration agreement may not be concluded except by natural or legal persons who have legal capacities to dispose of their rights.
Arbitration is not permitted in matters on which compromise is not allowed.
Article 10:
a. An arbitration agreement shall be in writing otherwise it is void. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telegrams, faxes or telexes or other means of telecommunication which provide a record of the agreement.
b. The reference in a CONTRACT to the provisions of a standard contract or to an international convention or any other document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference (to such clause)(1) is clear in regarding that clause as a part of the CONTRACT.
c. If the parties agree to arbitration while a court is reviewing the dispute, the court shall refer the dispute to arbitration and its decision shall be deemed as an arbitration agreement in writing.
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