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Dissolution of the foreign arbitral awards as one f the aspects of National Judicial Control. | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 1, Volume 4, Issue 2, 2013, Pages 218-238 PDF (445.88 K) | ||
| DOI: 10.37651/aujlps.2013.78224 | ||
| Authors | ||
| Mohammad Musa Awad Suelmyin; Murad Mahmoud Yousef Aelchenakat | ||
| Abstract | ||
| Dissolution of the foreign arbitration decision is to cancel this decision by the court, who considers the dissolution request if it Finds a reason among reasons set forth in article 13 of the Jordanian Arbitration law No. 31of 2001, and here it could be argued that the Jordanian Legislator was not successful in the use of the term " termination " because it could lead to mixing with the intended meaning in the Laws or due Process in Civil law in the sense that what the meaning is, therefore entirely uniformed, and it was better to use the cancel of the decision arbitration instead of annulment of the award. The Jordanian Arbitration law has identified in its article 14 the Specialized Court Specific and quality in considering the request annulment as the court competence is already considered the dispute referred to arbitration in the absence of an arbitration agreement. Then the standard in fixing the Specialized Court Specific and quality is the difference referred to arbitration. If within the Jurisdiction of the Magisterial Court, then it’s the Magisterial Court who specialized in the request annulment, and if within Jurisdiction of the Count of First Instance it’s the Court of First Instance is specialized in the request for annulment. The arbitration decision, does not mean to allow the court to adjudicate the dispute, since its role is only to dissolute the arbitration decision or reject it, and the court got hand's off over the dispute and its role is over, and therefore it does not stay in front of within the two dissolution parties and no longer possible to appeal against the decision annulment. They can follow the following solutions: First, the new arbitration agreement Second, the use of the Judiciary to settle their dispute | ||
| Keywords | ||
| Dissolution of the foreign | ||
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