Judiciary jurisdiction in Proving the Dispute of Arbitration

Abstract

It is well known that Arbitration agreements play a major and significant role in the arbitration process and helps to set the general framework for the arbitration dispute and to resolve the arguments without going to courts. In this article, cases of deviations of the general principle that prevents the court from interfering with the arbitral agreement have been studied and illustrated. This is presented in three sections; the first section examines the court’s role in Calling and questioning witnesses, The second section studies the court’s role in summoning the expert, and The third section Bring a document or a copy of it or view it, all of that by referring to both the Jordanian arbitration law the UNCITRAL Law, the International Chamber of Commerce in Paris (ICC) and some other comparative Arabic laws, as well as, the amount that these legislations take into account the benefit of the parties to the arbitral agreement, as they are the basis for resorting the arbitration. To conclude, this paper ends with a conclusion whereby results and recommendations will be highlighted.