This Country Answer reflects the state of the law as of 31 December 2012. Please refer to the explanations in the chapter entitled Preliminary Note.

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 February 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?

Jordanian law does not address this question. Although the Jordanian Arbitration Law is based on the UNCITRAL Model Law it does not distinguish between national and international arbitration.

There are no awards rendered in Jordan that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them.

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)?

Foreign Judgments Enforcement Law, No. 8 of 1952, published in the Official Gazette No. 1100 on 16 Feb. 1952.

Note that Jordanian legal provisions on recognition and enforcement of foreign awards are generally more favourable than those of the New York Convention.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

There is no specific limitation period applicable to recognition and enforcement of foreign awards under Jordanian law. However, it may be argued that the limitation period applicable to legal proceedings for enforcement of judgments under Jordanian law also applies to foreign awards.

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

If the limitation period applicable to legal proceedings for enforcement of judgments also applies to foreign awards, the relevant limitation period would be 15 years from the date of the award.

(Source: Execution Law, No. 25 2007 (Official Gazette No. 4821, 16 Apr. 2007, p. 2262), Art. 8.)

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

Court of first instance.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 3.)

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.)?

For the court to accept jurisdiction over recognition and enforcement of foreign awards, the respondent should be domiciled and have property within the Hashemite Kingdom of Jordan.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The first decision is obtained through inter partes proceedings.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 6, which requires the applicant to serve on the respondent a copy of the award for which enforcement is sought. Further, Art. 8 of the same law states that proceedings initiated pursuant to this law are subject to the provisions of the Code of Civil Procedures, which requires the respondent to be notified.)

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes.

(b) How many levels of appeal or recourse are available against this decision?

Two. A final decision of the court of first instance can be appealed to the court of appeal. A final decision of the court of appeal can be appealed, with leave, to the court of cassation.

(Source: Code of Civil Procedures, No. 24 1988, Official Gazette No. 3545, 2 Apr. 1988, p. 735, Arts. 178/1 and 191/1.)

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 expiry of the time limit for filing an appeal against the first decision granting enforcement of a foreign award.

(Source: Code of Civil Procedures, No. 24 1988, Official Gazette No. 3545, 2 Apr. 1988, p. 735, Art. 176.)

The time for filing an appeal expires 30 days after official notification to the other party of the decision granting enforcement.

(Source: Code of Civil Procedures, No. 24 1988, Official Gazette No. 3545, 2 Apr. 1988, p. 735, Arts. 178.)

However, it is possible to obtain provisional execution against assets in Jordan, if the award contains an order for provisional execution. In such circumstances, execution against assets may be obtained immediately upon official notification to the other party of the decision granting enforcement or of the judge's order for provisional execution.

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: (i) a certified copy of the arbitral award; (ii) a certified copy of the translation of the arbitral award if it was not in Arabic; and (iii) another copy of each, to be provided to the respondent.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 6.)

In 1989, the court of cassation stated in decision no. 874/86 that 'the claimant is obliged to submit a copy of the arbitration clause before the application for execution will be considered; otherwise execution will be refused'.

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

It is necessary to supply the entire arbitral award, plus the entire contract containing the arbitration clause.

(c) Are originals or duly certified copies required?

An original or a certified copy of the award must be filed.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 6.)

(d) How many originals or duly certified copies are required?

Two copies: one for the court and one for the other party.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 6.)

(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?

Yes.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 6.)

(b) If yes, into what language?

Arabic.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 6.)

(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. The translation must be certified by a notary public or by a sworn translation before a notary public, or by a diplomatic or consular agent qualified to act as notary public. It should be noted that in Jordan there are no sworn translators: anyone, including lawyers, can produce translations for certification by a notary public or to be sworn before a judge in judicial proceedings.

(Source: Notary Public Law, No. 11 1952, Official Gazette No. 1101, 1 Mar. 1952, p. 110, Art. 6.)

(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)?

The applicant must provide full translations of the documents required to be submitted. A complete translation of the contract must be provided, including the arbitration clause.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 6.)

What it is essential to translate is the main contract containing the arbitration clause, whether it be in the general or special conditions.

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?

Yes.

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

This will be based on Art. VI of the New York Convention, which prevails over national provisions. There are no other grounds on which courts can stay legal proceedings for recognition and enforcement.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

The provisions of Art. VI of the New York Convention will apply, since the Convention has effect under Jordanian law as an international treaty prevailing over national legislation.

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?

Court hearings are public. However, the documents filed in legal proceedings do not form a part of the public record. No one can obtain any such documents unless duly authorized to do so by power of attorney. The parties cannot take further steps to preserve the confidentiality of such documents.

(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?

Court hearings are public unless the court decides otherwise for the purposes of maintaining public order.

(Source: Code of Civil Procedures, No. 24 1988, Official Gazette No. 3545, 2 Apr. 1988, p. 735, Art. 71.)

(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)?

Judgments on recognition and enforcement are generally not published. However, the main rulings and landmark cases rendered by the court of cassation are published in the Jordan Bar Journal. No steps can be taken to prevent the publication of confidential information. The names of the parties are included in such published judgments.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

It is possible to obtain recognition and enforcement of interim or partial decisions made by arbitrators, provided that these decisions: (i) relate to the merits of the dispute, or (ii) relate to jurisdiction, or (iii) terminate the arbitral proceedings on procedural grounds. In all cases, the interim or partial decision shall be in the form of an award.

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)?

It is possible to obtain recognition and enforcement of foreign awards granting non-monetary relief. There are no provisions in Jordanian law governing this explicitly. They are treated as final awards.

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

In principle, the judge may only grant or deny recognition and enforcement of an award as a whole. It is doubtful that a party can obtain recognition and enforcement of only part of the relief granted in a foreign award. However, it is possible to obtain partial enforcement of an award rendered outside Jordan if part of that award is found to: (i) exceed the jurisdiction of the arbitral tribunal, or (ii) violate Jordanian public policy, provided that this part of the award is separable from the rest of the award.

(Source: Foreign Judgments Enforcement Law, No. 8 1952, Art. 7.)

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?

Jordanian legislation does not specify whether a foreign award, which has been set aside by a competent authority, may nonetheless be recognized and enforced in Jordan, and there is no case law addressing the issue directly.

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.)?

No.

Country Rapporteur:

Omar M.H. Aljazy