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Undue Intrusion on Parties’ Autonomy Finally Amended: An Observation of Article 51 of the Jordanian Arbitration Law

In: Arab Law Quarterly
Authors:
Ahmed Mohammad Al-Hawamdeh Professor of Commercial Law, Jerash University, Jerash, Jordan

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Ahmad Abed Alla Alhusban Assistant Professor, Hashemite University, Zarqa, Jordan

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Abstract

Before its amendment in 2018, Article 51 of the Jordanian Arbitration Law stated that: ‘if the court nullifies the award, consequently it would render the arbitration agreement nullified’. The newly amendment Article 51 of the Jordanian Arbitration Law reads: ‘If the Court of Cassation […] nullifies the award that should not result in nullifying the arbitration clause unless the arbitration agreement is itself void’. Here we argue that the new amendment was long due as the previous Article unduly intruded on parties’ autonomy. This article was originally submitted before the 2018 amendment of the law and the exact wording of what the article originally suggested was adopted by the new law.

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