Judicial Oversight of Arbitration in the case of discord and dispute in Jordanian personal Law No.15 of 2019

Abstract

The study dealt with the issue of judicial oversight of arbitration in the case of discord and dispute in the Jordanian Personal Status Law No. (15) of 2019 to show the extent to which the Jordanian legislator defers judicial oversight of arbitration in the Jordanian (15) of 2019 to show the extent to which the Jordanian legislator defers judicial oversight of arbitration in the Jordanian Personal Status Law through the descriptive method based on studying the issue of arbitration and collecting adequate information concerning it, then adopting the inductive approach by tracking the vocabulary of the legal articles to define the extent to which the Jordanian legislator defers judicial oversight in the arbitration procedures stated in the law, then the analytical approach based on presenting the legal texts related to the subject of the study and working on analyzing them and clarifying the legislative gaps in them and suggesting the necessary procedures to fill them, in the hope of achieving judicial justice in the judgment issued in the discord and dispute lawsuit which depends on the outcome of the report of the two judgments submitted by them to the judge. The study concluded that the Jordanian legislator has omitted the judicial oversight mechanism for arbitration in the discord and dispute lawsuit stated in the Personal Status Law. Therefore, the researcher recommends to the Jordanian legislator the need to consider the proposed legislative regulations and take them into account, such as the supervisory system proposed in this study by forming a special arbitration commission, and working to create an arbitration department equipped with a supervisory system that would monitor arbitration procedures in the discord and dispute lawsuit considered by the Jordanian Sharia courts, starting by electing the two judgments and ending with reporting them.