The Scope and Procedures of the Expert Recusal in the Arbitration Case: A Fundamental Analytical Study in Accordance with Jordanian Law

Abstract

Background & Statement of the problem: The study investigates the procedural aspects of expert responses in arbitration proceedings, the role of experts in these proceedings necessitates impartiality and independence. Failure to meet these criteria results in disqualification. However, Jordanian legislation lacks regulations addressing this issue. It addresses the disqualification of experts in arbitral proceedings through the authority granted to arbitral tribunals under Article 32(j) of Arbitration Law. This statutory framework is referenced in Article 90(2) of the Jordanian Code of Civil Procedure, which defers to the provisions outlined in Article 134 of the same Arbitration Law.

Objectives: The study investigates whether an expert involved in arbitral proceedings is disqualified on grounds similar to those applicable to arbitrators or judges outlined in Article 7, or based on other criteria.

Methods: The study employs a descriptive analytical approach. It scrutinizes legal texts, establishes correlations between them, and derives conclusions accordingly. Judicial decisions, legal precedents, and references to international arbitration rules are cited to support the findings.

Results: The study concludes that the grounds for disqualifying an expert in arbitral proceedings do not include concerns related to public order. Consequently, it is evident that these international rules introduce an explicit criterion for disqualifying experts in arbitral proceedings that is not addressed by the Jordanian legislator in the Arbitration Act.

Conclusions (Recommendations and contributions): The study recommends that the Jordanian legislator amend the current Arbitration Law to include provisions addressing the disqualification of experts.