Commenting on the Judgment of the Court of Cassation No. (3920/2022) Regarding the Appeal of Lack of International Judicial Jurisdiction Before the Court of Urgent Matters

Abstract

This research aims to indicate to what extent rules of international judicial jurisdiction in urgent matters are related to public order in the Jordanian law in the light of Articles (27/3) and (29) from the Jordanian Civil Procedure Law No. (24 of 1988) and its amendments to the Jordanian Court of Cassation in its legal capacity in its judgment No. (3920/2022) has reached a decision that it is not allowed to appeal the lack of international judicial jurisdiction in the Urgent Judiciary, while the Jordanian legislator considered international judicial jurisdiction for the Jordanian Courts from the public order where the court can give its verdict independently in such cases. As a result, it was important to know the extent of international judicial jurisdiction in urgent matters to Jordanian Courts when they lack jurisdiction in substantive cases related to urgent matters; therefore, the study utilized the descriptive and analytical method to address the issue by highlighting the legal provisions and court verdicts in this study’s issue.

The study demonstrates that the Urgent Judiciary has the right to give a verdict in its jurisdiction to look at the urgent application submitted to it before raising the original substantive case, as long as this substantive case is not within the international Jordanian judicial jurisdiction. The study recommends amending article (29) of the Jordanian Civil Procedure Law.