Legal regulation of arbitrator fees in free arbitration A study in Jordanian legislation

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Abstract

Abstract

Legal regulation of arbitrator fees in free arbitration

A study in Jordanian legislation

This research dealt with the provisions regulating attorneys' fees in free arbitration in the light of the Jordanian Arbitration Law No. (31) for the year 2001 AD and its amendments. At its discretion, the research problem was represented in the legislative shortcomings that marred the legal mechanism used in estimating the arbitrator's fees in the Jordanian Arbitration Law, Hence the importance of the subject of the research in view of the importance of studying the rules and standards used in estimating the arbitrator's fees, which provides full protection for the rights and obligations arising from the relationship between the arbitrator and the parties to the dispute. The descriptive approach, the analytical approach, and the applied approach were followed in preparing this research.

The research came out with a number of findings and recommendations, and the most important results were: that the arbitrator's fees are determined by the parties' agreement on them in the arbitration contract or by virtue of a subsequent agreement, otherwise the arbitral tribunal determines them by a decision of its own, and its decision is subject to the supervision of the competent court, and the competent court is the court of appeal that takes place within The jurisdiction of arbitration, unless the two parties agree on the jurisdiction of another court of appeal in the Kingdom, Among the most important recommendations: We recommend the Jordanian legislator to amend the text of Clause (1) of Paragraph (d) of Article (41) of the Arbitration Law so that it gives the competent court a role in determining and estimating the arbitrator’s fees, and that its decision be final, and we also recommend the Jordanian legislator to amend the text of Clause ( 2) From Paragraph (d) of Article (41) of the Arbitration Law, which stipulates that if any party fails to pay its share of the expenses and fees, then the other party is assigned to pay on its behalf. for payment of fees.

Keywords: arbitrator's fees, free arbitration, Jordanian arbitration law, fee estimation