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

Authors

DOI:

https://doi.org/10.35875/t99vfb66

Keywords:

The arbitration case, The arbitrator in the arbitration case, The expert’s arbitration panel, The expert’s response in the arbitration case, The expertise and qualifications of the expert in the arbitration case, The request for the expert’s response in the arbitration case, The right to request the expert’s response

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.

Author Biography

  • Dr. Noor Al-Dabbas, Al-Ahliyya Amman University

    Associate Professor in the Department of Private Law/Civil Law at the Faculty of Law at Amman Al-Ahliyya University, and a lawyer licensed by the Bar Association since 2005. Interested in research related to civil law, civil trial procedures, evidence, and implementation.

Downloads

Published

2024-06-30

Issue

Section

Articles

Categories

How to Cite

Al-Dabbas, N. (2024). The Scope and Procedures of the Expert Recusal in the Arbitration Case: A Fundamental Analytical Study in Accordance with Jordanian Law. Al-Balqa Journal for Research and Studies, 27(2), 291-306. https://doi.org/10.35875/t99vfb66