THE ARBITRATOR’S ERROR EFFECT IN APPLICATION THE APPLICABLE LAW ON THE ARBITRAL AWARD ACCORDING TO THE JORDANIAN ARBITRATION LAW NO. 31/2001 AND ITS AMENDMENTS

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Dr. Ali Kh. Kh. Alshara’h, Dr. Raja qablan alshraah

Vol 18, No 1 ( 2023 )   |  Licensing: CC 4.0   |   Pg no: 228-238   |   Published on: 16-03-2023

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Abstract
This research deals with what is known as the arbitrators’ errors in applying the agreed law upon by the arbitration parties and the extent to which it is considered an exclusion from it, and then it is permissible to claim the invalidity of the arbitral award, as the predominant form of appealing the arbitration rulings before the courts appear about the error in the application of the law. The study concluded that some of the jurisprudence and rulings of the foreign judiciary consider that a serious error or clear neglect of the law is equivalent to its exclusion. Because it is contrary to the will of the parties to the arbitration, in contrast to the position of the Jordanian judiciary, which sees that the error in the law application is a discretionary matter that is not answered by nullity, but rather by appeal, and this is what the arbitration law does not allow, as the study concluded with some results and recommendations.

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