Commercial Arbitration and Contractual Independence under Jordanian Law

Abstract

This study deals with the principle of the independence of the commercial arbitration clause and contractual independence within the framework of Jordanian law, with a comparative analysis of international agreements and arbitration bodies' regulations and rules. The research aims to determine the legal nature of the commercial arbitration clause, its importance, and the position of international agreements and arbitration judiciary in establishing this principle compared to Jordanian law. The study uses the descriptive analytical comparative approach, as it divided the research into four main sections. The first section deals with the legal nature of the independence of the commercial arbitration clause and its importance. The second section deals with an analysis of the independence of the commercial arbitration clause in light of international agreements and arbitration bodies' regulations and rules. The third section deals with studying the position of the judiciary in international arbitration on the principle of the independence of the commercial arbitration clause. The fourth section deals with a comparison of the independence of the arbitration clause according to Jordanian law and international law. The study concluded that the independence of the commercial arbitration clause is a fundamental principle in international commercial arbitration, ensuring that disputes are resolved in a neutral and unbiased manner. The research highlights the importance of the independence of the arbitration clause in Jordanian law, in line with international best practices. The study findings and recommendations can help develop more effective and efficient arbitration processes, ultimately enhancing confidence in international commercial arbitration.