IMPLEMENTATION OF FOREIGN ARBITRAL AWARDS IN LIGHT OF THE JORDANIAN LAW AND THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (THE NEW YORK CONVENTION 1958)

Purpose: Implementation of foreign arbitral awards is one of the main concerns in the way of international trade as the arbitral award will remain merely a piece of paper, devoid of all legal effect until it is implemented. Approach: Countries will benefit from the movement of international trade and improve their economic growth through modernizing and implementing the provisions of the national law concerning foreign arbitral awards. Jordan is one of those countries that have been exerting pragmatic efforts to align its national legislation framework in compliance with the Foreign Arbitral Awards. Notably, the country has joined and ratified several international conventions including the New York Convention on the Recognition and Implementation of Foreign Arbitral Awards (NYC 1958). This article examines the extent to which the Jordanian national law is aligned with the provisions of the NYC 1958. Findings: One of the main findings of this article states that although the provisions of the Jordanian law do not contradict the provisions of the NYC 1958, it needs to be reviewed in some areas to make the national law more objective in terms of accepting foreign awards. Originality: This article examines the fairness and compliance of the national law in this area by reviewing the procedures for enforcing the foreign arbitral award as required by the Jordanian law.