Procedures for Challenging Arbitrators in Law: A Comparative Study
摘要
This study seeks to analyze the legal provisions concerning the procedures for contesting arbitrators, in juxtaposition with specific provisions present in other Arab arbitration laws. The primary aim is to evaluate whether the current regulations governing the processes for challenging arbitrators are sufficient. The findings and recommendations of the study are presented at its conclusion. In instances where an arbitrator is challenged and subsequently dismissed by the competent court, the responsibility for appointing a replacement falls to the parties involved. It is recommended that the Jordanian legislator revise the procedure for challenging an arbitrator in situations where the arbitration panel is comprised of a sole arbitrator. Presently, the procedure necessitates that the challenge be submitted first to the arbitration panel and then to the competent court. The study advocates for permitting the challenge to be directed immediately to the competent court, thereby preventing the arbitrator from assuming the dual role of both judge and litigant. The researchers utilized a comparative methodology, as well as descriptive and analytical techniques. This study is organized into two main sections: Reasons for challenging the arbitrator and procedures for submitting a request to challenge the arbitrator.