Guidelines for the Authority of Arbitral Tribunals Regarding Written Evidence: A Jordanian Legal Perspective

Abstract

ABSTRACT This study investigates the guidelines of Jordanian arbitral tribunals concerning documentary or written evidence and relevant procedures, such as compelling litigants or third parties to submit relevant written documents, in an arbitration dispute context. Notably, arbitral tribunals lack the power of compulsion; therefore, they must seek assistance from the competent court based on its ancillary role compared to a judge in a court proceeding. In line with the principle of arbitrability, the judge has the authority to compel the presentation of written documents or allow a challenge over the validity of written evidence. However, challenging the validity of evidence falls exclusively under the jurisdiction of the criminal court. The study concludes that the discretionary authority granted to arbitral tribunals is not absolute but is subject to specific guidelines and oversight by the court of annulment.