The Independence of Arbitration Clause from the Contract
DOI:
https://doi.org/10.35682/jjlps.v16i3.823Keywords:
arbitration clause, independence principle, main contract, invalidityAbstract
The independence of the arbitration clause from the main contract is widely recognized in arbitration, so this study aims to discuss the legal issues that constitute the justification so that the arbitration clause does not become canceled even if the main contract is canceled.
Thus, the arbitration clause is distinguished from other contracts as it is regarded as an autonomous contract dependent on the main contract; this study has shown that Jordanian arbitration law (2010), international legislation, international agreements, and judicial rulings established and adopted the legal precept that the arbitration clause is separate and apart from the main contract and any ancillary contracts. Consequently, the arbitration clause is a valid and independent condition concerning the principle of autonomy of the will. Significant results arose from that, among which that the arbitration clause enjoys legal independence and that the fate of the arbitration clause is not linked to the fate of the main contract, whether its invalidity, annulment, or termination, so that its invalidity does not lead to the invalidity of the main contract and no defect in a contract should entail of itself the invalidity of the arbitration clause.
In the case of coercion, which necessarily lays on the personality of the other contracting party and aims to intimidate him and influence his will, the coercion that nullifies the main contract necessarily leads to the annulment of the arbitration clause, and therefore this is considered a departure from the principle of independence unless the arbitration clause has been agreed upon after the conclusion of the main contract and after the cessation of the coercion.
Finally, the study employs descriptive and analytical approaches to reach its purposes. In conclusion, it opens the door to appeal against arbitral awards by requesting reconsideration and appeal against arbitral awards because of the violation of the law and the error in its application.
