الفهرس 
الدور المساعد للقضاءيوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
This dissertation deals with the role of the judiciary in arbitration under Jordanian law. It is an analytical study based on comparison with the model international commercial law of arbitration and Egyptian law of arbitration.
The dissertation falls into three parts preceded by an introductory chapter on the nature of arbitration and the controls on its relationship with the judiciary. It consists of two sections, the first of which deals with the nature of arbitration, giving a definition thereof and describing its features in the first subsection, and its types in the second subsection. The second section deals with controls on the relationship between the judiciary and arbitration, giving the justifications for the intervention of the judiciary in arbitration in the first subsection, and cases of such intervention in the second subsection.
The first part of the dissertation consists of three chapters on the supporting role of the judiciary. The first chapter, entitled The Appointment of Arbitrators, is divided into three sections, the first of which discusses controls on the appointment of arbitrators, setting out the conditions for such an appointment in the first subsection, and listing those who are ineligible for such an appointment in the second subsection. The second section, entitled Ways of Judicial Intervention in the Appointment of Arbitrators, deals with direct intervention by the judiciary in the appointment of arbitrators in the first subsection, and indirect intervention in the second. The third section deals with the system of procedures to be followed in the case of judicial intervention in the appointment of arbitrators. It discusses procedural rules for such an appointment in the first subsection, and the extent of admissible challenge to the decision to apply for the appointment of arbitrators in the second subsection.
The second chapter has the collection of evidence as its subject. It has three sections, the first of which deals with the duties of arbitrators in the area of collecting evidence. This involves discussing adherence on the part of arbitrators to the general rules of collecting evidence in the first subsection, and adherence on the part of arbitrators to the general principles of collecting evidence in the second subsection. The second section in this chapter, entitled Mandate of Arbitrators in the collection of evidence, is divided into two subsections, the first of which deals with the mandate of arbitrators to accept one procedure in the collection of evidence, while the second subsection deals with the mandate of arbitrators to request any procedure in the collection of evidence. The third section deals with ways of judicial intervention in supplying evidence. It has two subsections, the first of which deals with support in obtaining written evidence, and the second with support in serving subpoenas to witnesses and delegation of judicial mandate.
The third chapter in the first part of the dissertation is entitled Deciding on Preliminary Matters.
The second part of the dissertation deals with the parallel role of the judiciary. This is discussed in two chapters, the first of which is entitled Taking Interim and Precautionary Measures. It is divided into three sections, with the first section discussing the concept of interim and precautionary matters and the party with the jurisdiction to take such measures. It defines interim and precautionary measures and interim judgements in the first subsection, and gives the party with the jurisdiction to take such measures in the second subsection. The second section deals with the jurisdiction of the judiciary to take interim and precautionary measures. Cases of judicial intervention in taking interim and precautionary are discussed in the first subsection, conditions of such an intervention in the second subsection, and the system of procedures for judicial intervention in taking such measures in the third subsection. The third section discusses the jurisdiction of the arbitration panel to take interim and precautionary measures. Cases of such jurisdiction are discussed in the first subsection, conditions for such jurisdiction are discussed in the second subsection, and the system of procedures to be followed in the case of such jurisdiction is outlined in the third subsection.
The second chapter, entitled Jurisdiction of the Arbitration Panel to Hear a Dispute, falls into two sections, the first of which deals with the role of the judiciary in granting jurisdiction to the arbitration panel to hear a dispute. This involves discussing the concept of pleading the existence of an arbitration agreement in the first subsection, the legal nature of pleading the existence of an arbitration agreement in the second subsection, and the system of procedures to be followed in making such a plea in the third subsection. The second section deals with the role of the arbitration panel in granting itself jurisdiction to hear a dispute. The concept of the competence-competence principle is discussed in the first subsection, the sources and legal basis of the competence-competence principle are discussed in the second subsection and the system of procedures to be followed in challenging he jurisdiction of the arbitration panel to hear a dispute is discussed in the third subsection.
The third part of the dissertation, entitled The Monitoring Role of the Judiciary, falls into three chapters, the first of which deals with the dismissal of arbitrators and ending their mandate. This is covered in two sections, with the first dealing with the dismissal of arbitrators. It defines the procedures of such dismissal and the two conditions of neutrality and independence in the first subsection. Reasons for the dismissal of arbitrators are given in the second subsection, together with the system of procedures for applying for such dismissal in the third subsection. The second section of the first chapter has ending the mandate of arbitrators as its subject. It gives the reasons for ending such mandate in the first subsection, and discusses the procedures for applying for ending such mandate in the second.
The second chapter in the third part of the dissertation deals with reviewing an arbitration award via an annulment court case. This is covered in three sections, the first of which discusses the concept of an annulment court case. It defines an annulment court case and explains its nature in the first subsection, and deals with the scope of an annulment court case in the second subsection. The second section discusses the reasons for challenging an arbitration award, giving the reasons related to the arbitration agreement in the first subsection, and those related to the arbitration procedures in the second. The third section deals with the system of procedures to be followed in the annulment court case. The procedural rules are outlined in the first subsection, the extent of the permissibility to challenge the judgement in the annulment court case is discussed in the second subsection, and the impact of the annulment court case is discussed in the third subsection.
The third chapter, entitled Execution of Arbitration Awards, is divided into three sections. The first section deals with the conclusiveness of the arbitration award in its first subsection, and the conditions of arbitration awards that can be subject to compulsory execution in its second subsection. The second section deals with the execution of national arbitration awards. Conditions for such an execution are set out in the first subsection, with the system of procedures to be followed in ordering the execution of national arbitration awards outlined in the second subsection. The third section, entitled Execution of Foreign Arbitration Awards, deals with the conditions for executing foreign arbitration awards in the first subsection, and the procedures for executing such awards in the second.
This study arrives at many conclusions and makes many recommendations in the part entitled Conclusion. The reader is advised to refer to that part of the dissertation in order to avoid repetition.