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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
This ICC Guide to National Rules of Procedure for Recognition and Enforcement of Foreign Awards under the New York Convention is the third, updated edition to mark the 60th anniversary of the New York Convention. Country Answers, which reflect the state of law at 1 October 2018, have been provided in response to a Questionnaire drawn up by a task force of the ICC Commission on Arbitration and ADR.
A. The Contracting State and the New York Convention
1. Name of Contracting State (also specify jurisdiction, if relevant)
The Hashemite Kingdom of Jordan.
2. Date of entry into force of the New York Convention
13 Feb. 1980.
(Source: Council of Ministers’ Decision 1979, Official Gazette No. 3585, 16 Nov. 1980.)
3. Has any reservation been made under Art. I(3) of the New York Convention regarding:
(a) reciprocity?
(b) commercial relationships?
No reservations were made.
4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?
A distinction with the meaning intended in Art. I(1) of the Convention does not exist in Jordan. All awards issued by Tribunals seated in Jordan are considered domestic awards.
B. National sources of law
5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?
The only source of law with reference to the enforcement of foreign arbitral awards is the Law of the Enforcement of Foreign Judgments, No. 8 of 1952 (Official Gazette No. 1100, 16 Feb. 1952), which also covers foreign judgements.
C. Limitation periods (time limits)
(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?
Yes
(b) If yes, what is the applicable limitation period (time limit) and when does it start running?
15 years from the date of the issuance of the award.
D. National courts and court proceedings
7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?
The Courts of first instance.
8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?
There are no clear requirements for jurisdiction. Some jurists refer to an absolute jurisdiction for Jordanian courts to enforce any foreign judgement, regardless of domicile or existence of assets.
9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?
Inter partes only.
10.
(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?
(b) How many levels of appeal or recourse are available against this decision?
Two. Right of appeal to the Court of Appeal, with the possibility of a further appeal, with leave, to the Court of Cassation.
11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?
As a general rule, execution against assets in Jordan may be obtained after the expiry of the time limit for the filing of an appeal against the first decision granting enforcement of a foreign award.
The time for filing an appeal expires 30 days after official notification to the award debtor of the decision granting enforcement.
E. Evidence required
12.
(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?
The following evidence must be supplied:
(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?
Entire document.
(c) Are originals or duly certified copies required?
An original or a certified copy of the award must be filed.
(d) How many originals or duly certified copies are required?
Two copies
(e) Does the authority or court keep the originals that are filed?
Yes.
13.
(a) Is it necessary to provide a translation of the documents supplied?
(b) If yes, into what language?
Arabic.
(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?
Yes, by a translator accepted by the notary public in Jordan.
(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?
Full translation of the arbitration award.
F. Stay of enforcement
14.
(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?
No. If the Court is convinced that the arbitral award has not become final and conclusive, it will dismiss the proceedings.
(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?
Unless both parties agree to stay the proceedings for a valid reason, the courts will either dismiss or accept the claim.
(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?
See Q.14(b) above.
G. Confidentiality
15.
(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?
Yes. No steps can be taken to preserve confidentiality.
(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?
No. No steps can be taken to ensure confidentiality.
(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties to avoid publication of confidential information (such as business or State secrets)?
Such decisions are published by academic legal publishers; names are automatically removed and only partial/summaries of the decisions are published.
H. Other issues
16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?
Not possible.
17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?
Not possible - jurisdiction in such matters is reserved to the Jordanian Courts.
18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?
The courts have a discretionary power to enforce part of an award.
19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?
20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?
Where a claim for recognition is claimed through a court of first instance:
For enforcement proceedings, an enforcement fee of 3% of the value of the claim is to be paid to the court, provided that such fee does not exceed JOD 1,200.
Country Rapporteurs: Omar M. H. Aljazy, Ayham N. M. Al-Mashni