The appeal process, therefore, should be at the center of election fairness and the observance of the law. In cases where the interim objections could not resolve a dispute, debtors and creditors have disputed rights in the allocation, more so if allocations made are against convenience and legal provisions. However, this is a much-noticed advance increase of digital technologies in legal enforcement; hence, the procedures to appeal such decisions will happen very differently. This paper discusses the influence of digital tools on mechanisms of appeal in particular the authority of the Court of Appeal to review decisions by enforcement officials. One of the fundamental questions is whether all digital distribution decisions by the head of enforcement should be subject to appeal and whether such appeals will have suspensive effect against enforcement actions. Legal pathways are also discussed when an appellate court upholds the ruling of the enforcement authority upon an infringement of the rules. The contribution of technology to ease these pathways is also critically evaluated. These results show where the Jordanian system can be said to be wanting, for the lack of any definite provision on the challenges to a Digital distribution Lists (that emanates from an Execution) that has attained Finality in Jordanian law. The study, therefore, advises that the way the system is operated needs new statutory provisions that will regularize the right of appeal to the judiciary within such a system. These provisions should make room for the systems that use digital case managers and, in the process of tracking procedures, automate the proceedings ad workflows and make the system more transparent, efficient, and accessible.

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Modernizing the Appeal Process for Digital Execution Proceeds

  • Ahmad Awwad Albnian,
  • Ma’en Muslem Khalaf Al-Kitifan

摘要

The appeal process, therefore, should be at the center of election fairness and the observance of the law. In cases where the interim objections could not resolve a dispute, debtors and creditors have disputed rights in the allocation, more so if allocations made are against convenience and legal provisions. However, this is a much-noticed advance increase of digital technologies in legal enforcement; hence, the procedures to appeal such decisions will happen very differently. This paper discusses the influence of digital tools on mechanisms of appeal in particular the authority of the Court of Appeal to review decisions by enforcement officials. One of the fundamental questions is whether all digital distribution decisions by the head of enforcement should be subject to appeal and whether such appeals will have suspensive effect against enforcement actions. Legal pathways are also discussed when an appellate court upholds the ruling of the enforcement authority upon an infringement of the rules. The contribution of technology to ease these pathways is also critically evaluated. These results show where the Jordanian system can be said to be wanting, for the lack of any definite provision on the challenges to a Digital distribution Lists (that emanates from an Execution) that has attained Finality in Jordanian law. The study, therefore, advises that the way the system is operated needs new statutory provisions that will regularize the right of appeal to the judiciary within such a system. These provisions should make room for the systems that use digital case managers and, in the process of tracking procedures, automate the proceedings ad workflows and make the system more transparent, efficient, and accessible.