A. The parties to the arbitration may agree on the procedures to be followed by the arbitral tribunal and the arrangement of the parties’ roles in submitting pleadings, evidence, and arguments, as well as the means of presenting such evidence. The parties may also refer to the rules followed for this purpose by any arbitration center within or outside the Kingdom.
B. The arbitral tribunal shall issue a procedural decision specifying the arbitration procedures to be followed, including the arbitration timetable and the matters mentioned in the preceding paragraph, taking into account any agreement between the parties in this regard.
A. The arbitration panel must adhere to the principles of impartiality and equality between the parties and provide each party with a full and equal opportunity to present their case and defense. It must also avoid any unjustified delays or unnecessary expenses in order to achieve a fair and expeditious resolution of the dispute.
B. A Jordanian lawyer representing one of the parties to the arbitration may be assisted by a non-Jordanian lawyer or any other person with relevant experience and expertise if the contract subject to arbitration is governed by foreign law.
A. Arbitration proceedings commence on the day the arbitration panel is fully constituted, unless the parties agree otherwise.
B. For the purposes of substantive action that must be filed within the legally prescribed period following the issuance of a provisional attachment order or an urgent order, it suffices for the party requesting arbitration to send a formal notice to the other party informing them of the appointment of the arbitrator nominated by them, along with proof of the arbitrator’s acceptance of their appointment. In all cases, this notice shall be considered an interruption of the statute of limitations.
A. The parties to the arbitration may agree on the place of arbitration, whether within the Kingdom or abroad. If no agreement is reached, the arbitration panel shall determine the place of arbitration, taking into account the circumstances of the case and the suitability of the location for the parties. This does not preclude the arbitration panel from meeting in any place it deems appropriate to carry out any arbitration procedure, such as hearing the parties to the dispute, witnesses, or experts; reviewing documents; inspecting goods or assets; conducting deliberations among its members; or other related matters.
B. The arbitration panel may use modern means of communication to carry out any arbitration procedure.
A. Arbitration shall be conducted in Arabic.
B. Notwithstanding paragraph (A), the parties to the arbitration may agree on another language, and the arbitral tribunal may also designate another language. The agreement or decision shall apply to the language of written evidence and submissions, oral arguments, and any decision, communication, or award issued by the tribunal, unless the parties agree otherwise or the arbitral tribunal decides otherwise.
C. The arbitral tribunal may decide that all or some of the written documents submitted in the proceedings shall be accompanied by a translation into the language or languages used in the arbitration. If multiple languages are used, the translation may be limited to some of them.
A. The claimant shall, within the timeframe agreed upon by the parties or set by the arbitration panel, send to the respondent and each of the arbitrators a written statement of claim containing the claimant’s name and address, the respondent’s name and address, an explanation of the facts of the case, a description of the issues in dispute, the claimant’s requests, and any other matter that the parties agree must be included in this statement.
B. The respondent shall, within the timeframe agreed upon by the parties or set by the arbitration panel, send to the claimant and each of the arbitrators a written statement of defense in response to the statement of claim. The respondent may include in this statement any counterclaims or other defenses related to the subject matter of the dispute, or assert a right arising therefrom with the intention of invoking set-off. This may be done even at a later stage of the proceedings if the arbitration panel deems the circumstances justifiable.
C. Each party may attach to the statement of claim or statement of defense, as the case may be, copies of the documents on which it relies and may refer to all or some of the documents and evidence it will submit. This does not preclude the arbitral tribunal from having the right, at any stage of the proceedings, to request the original documents or evidence on which either party relies, or any evidence it deems necessary to decide the case.
A copy of any memoranda, documents, or other papers submitted by one party to the arbitration panel shall be sent to the other party. Similarly, each party shall receive a copy of all expert reports, documents, and other evidence submitted to the panel.
Each party to the arbitration may amend, supplement, or provide additional evidence during the arbitration proceedings, unless the arbitral tribunal decides not to accept such amendments or supplementation to prevent delaying or impeding the resolution of the dispute.
A. The arbitration panel shall hold hearings to enable each party to explain the subject matter of the case and present its arguments and evidence. It may, if both parties agree, accept written memoranda and documents.
B. The parties to the arbitration must be notified of the dates of the hearings and meetings scheduled by the arbitration panel with sufficient notice, as determined by the panel.
C. The proceedings of each hearing held by the arbitration panel shall be recorded in any format the panel deems appropriate. These proceedings shall be transcribed or recorded in a written report, a copy of which shall be given to each party.
D. Each party to the arbitration shall be permitted to attach to its list of evidence a written testimony from any of its witnesses, sworn before a notary public.
E. If one party submits a written testimony sworn to one of its witnesses, and the other party requests to cross-examine the witness, this written testimony shall be disregarded if the witness does not appear before the arbitration panel to allow the other party to cross-examine the witness.
F. Either party to the arbitration may submit an expert report, prepared by an expert of their choosing, as part of their list of evidence. The expert’s letter of appointment, their mandate, and their fees must be disclosed. The expert’s testimony before the arbitration panel will be heard in the same manner as that of witnesses, if the panel so decides or if the other party requests it.
g. Witnesses and experts will be heard after taking an oath, according to the format determined by the arbitration panel.
h. The arbitration panel may accept hearing witness testimony using various technological means of communication, including televised or closed-circuit systems. In all cases, the arbitration panel has the right to order the witness to appear before the panel for questioning.
i. The arbitration panel may, on its own initiative or at the request of either party, order an inspection and expert assessment in accordance with the provisions of Article (34) of this Law.
j. The arbitration panel has jurisdiction to decide on all matters relating to experts, including terminating their appointment, dismissing them, and accepting or rejecting all or part of their expertise.
A. If the claimant fails, without acceptable excuse, to submit a statement of claim in accordance with paragraph (a) of Article (29) of this Law, the arbitration panel may decide to terminate the arbitration proceedings unless the respondent requests otherwise.
B. If the respondent fails to submit a statement of reply in accordance with paragraph (b) of Article (29) of this Law, the arbitration panel shall continue the arbitration proceedings without this in itself being considered an admission by the respondent of the claimant’s claim.
C. If either party fails to attend any of the sessions or to submit the documents requested of them, the arbitration panel may continue the arbitration proceedings and issue an award in the dispute based on the evidence available to it.
A. The expert appointed by the arbitration panel shall be one or more natural or legal persons, to conduct an expert assessment on any movable or immovable property or on any matter for which the panel deems expert assessment necessary.
B. If the parties agree on the selection of the expert or experts, the panel shall approve their appointment; otherwise, it shall select them itself. The panel must specify in its decision the expert’s task, order the deposit of expenses, and designate the entity responsible for payment.
C. The arbitration panel may conduct the inspection in its entirety or delegate one or more of its members to do so.
D. After the expert report is submitted, a copy shall be provided to the parties to the arbitration. The arbitration panel may, on its own initiative, invite the expert to discuss the report. The parties also have the right to request a discussion of the report. The panel may decide to return the report to the expert for completion of any deficiencies it deems necessary, or assign the expertise to one or more other experts duly selected.
The proceedings before the arbitration panel shall be suspended in accordance with the cases and conditions stipulated in the Civil Procedure Code, and the suspension of the proceedings shall have the effects stipulated in the aforementioned law.