الفهرس 
دور القضاء المساعد في تفعيل التحكيميوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
The first chapter includes the role of the assistant
judiciary in activating arbitration which came as a processor
for the role of judiciary in appointing the arbitration
organization. According to the article (16) from the
Jordanian arbitration law by showing the general regulators
to assign the arbitration organization through arbitration
agreement and should not be apparently invalid, and
depletion the requirement of alternative solutions and to
show the request of assigning the arbitration organization,
which represented by non-party agreement to choose the
arbitrator, and the other case If there is disagreement about
choosing arbitrator and declaring the procedural system for
the judiciary role by applying for the arbitrator appointment
accordance with suit list and that’s for the court Article (2)
from the Jordanian arbitration law. (The court of Article (9)
in Egypt and according to journal) and declaring the rules of
the judiciary interference in this case.
The study included the second role of judiciary that
assist in activating arbitration which means the interference
of arbitration in the field of temporary and conservatory
measures and the role of arbitration to issue the executive
order in order to implement the arbitration order by taking
temporary, and conservatory measures, in addition to the
other role, which is represented in the role of the judiciary
through taking temporary and conservatory measures
through finding mutual specialization between judiciary and
arbitration by taking these temporary and conservatory
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measures, which are related arbitration dispute according to
the two articles (13) and (23) from the law of the Jordanian
arbitration, and there is another assisting role of judiciary by
activating arbitration through providing the necessary data to
separate arbitration dispute which the researcher dealt in his
study through clarifying the cases of this role to invite
witnesses, experts , substitution judiciary and ordering
document or viewing it and determining the limit of this role
and its procedural system which is mentioned in Article (8)
from the Jordanian arbitration law.
In the second chapter, the researcher dealt with the
judiciary supervision in activating arbitration, which is
divided to the roles the role of the previous judiciary
supervision to issue the arbitration ruling and following
judiciary role issuing the arbitration ruling.
The previous judiciary role is represented in the
following:
1- The role of the judiciary to response, which was
organized by Jordanian Legislator in the (17) and (18)
articles from the arbitration law. The study
concentrates on the restrictions of the arbitrator
response, which is represented in having reasons to
respond when independency is not available or
neutrality. The unavailability of the agreement of
attributor and the other regulator is represented by
observing the presence of restriction to the response
of the arbitration.
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The case of having a request to respond to the
arbitrator who was appointed or participated in his
appointment was resisted; also possible range of
holding the response of the same reason of arbitrator
response was also resisted.
The third regulator was considering the judicial
role was reduced in responding to the arbitrator.
The last regulator was considering the personal
area to the arbitrator response the procedural system
was also dealt with to request the arbitrator’s response
whether the request from or the competent authority
considering this request and shoeing the rules that
controls this role. The effects of presenting this
request were shown.
2- Other supervisory roles for judiciary precedent to the
issuing of the arbitration rule represented in the
judiciary role to end the arbitrator’s mission and the
judiciary role in the deadline of arbitration whether by
determining appointment whether by determining an
extra deadline or by ending arbitration and the role of
judiciary by stopping the dispute arbitration and the
role of judiciary identifying fees of the arbitration
committee throw showing the limits of these roles and
its procedural system and its effect on presenting
supervisory request on previous cases, which were
mentioned by the Jordanian Legislator in the Articles
(19,37,35,41,43) from the Jordanian arbitration law.
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The judiciary observatory role is represented in the
following:
1- The role of judiciary in claim of the invalid arbitration
judgment, which were mentioned in the (49-51)
Articles from the Jordanian arbitration law, through
clarifying the invalid judgment of arbitration and
procedural system for the claim of the arbitration
system whether in the form of this claim and the
specialized court to study it and the nature of this
observation and whether it was only a shape or
objective and showing the consequence of submitting
it and the issued judiciary judgment.
2- The judiciary role in giving the executive forced the
arbitration of foreign judgment according to New
York agreement through showing the restrictions of
these roles presented in the availability the
implementation conditions of New York agreement
and without the presence of anything that prevents
executive force and clarifying the procedural system
for this claim in its shape and the judiciary specialized
part and the rules that govern this role according to the
Jordanian arbitration law.
Results and recommendations:
The researcher has reached through this research to the
following results and recommendations:
The recommendations are represented in the
following:
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1- The arbitration system is an exceptional system and it
is special for solving conflicts between persons and is
not separated from the help and under the supervision
of Jordanian National Judiciary.
2- The role of assistant judiciary is needed after the
organization of arbitration conflict and not before that
whether by interfering in appointing the arbitration
committee or providing data or taking temperature or
conservatory measures.
3- The supervisory roles of judiciary in activating
arbitration, which could be formed before the
formation of the arbitration committee or after that or
before the arbitration judgment is issued or after it. It
is an apparent supervisory role without affecting the
conflict issue or arbitration agreement.
4- The researcher has made a comparison between the
Jordanian legislator with other legislations that is the
Egyptian Legislator and model law position for
judging international trade.
The recommendations are represented in the
following:
The researcher has reached to a number of
recommendations in order to amend some items in the
Jordanian arbitration law, which are related to the judiciary
role in activating arbitration, these recommendations
include:
1- To amend the Article (16) from the Jordanian
arbitration Law. It is important to consider the
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equality principles between opponents in judging
multipart.
2- Amending articles that are related to the role of
judiciary in providing data by adding new Limited
cases, also by adopting temporary or conservatory
measurements in the two articles (13) and (23) in the
Jordanian arbitration law especially temporary
arbitration judgment and the ability to issue an order
and implementing it.
3- To amend items related to judiciary role in refusing
the judgment by showing the effect or presenting
amendment to the items related to the role of the
judiciary in the appointment of arbitration by
separating the non-constitutional.
4- To amend articles which are related to the judiciary
role in invalidity the arbitration judgment by adding
new invalid cases and separating unconstitutional
suspicion from those articles by allowing
disapproving against a judgment issued in the invalid
claim whatever was its legal text and to disapprove
against a judgment will be the right for all parties.
5- To amend articles which are related to the judiciary in
giving the executive power to the national arbitration
judgment and for the foreign arbitration judgment by
the importance of taking into consideration
international treaties in the cases of dropping the
arbitration agreement and finding an explicit material
in the law to treat giving expectative power to a
foreign arbitration judgment.
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6- To add a new article by constructing a specialized
room in the specialized court of appeals and requests
which were mentioned in the arbitration law.