Procedural Controls of the Inspection Undertaken by an Arbitral Tribunal for the Subject Matter of the Dispute

This study delves into the most important aspects of the procedures the arbitral tribunal should consider when inspecting the subject matter of the dispute. The main objective of such inspection is to derive evidence to render a decision for all or part of the parties’ claims, in the absence of the relevant rules under the Jordanian Arbitration Law and the United Nations Commission on International Trade Law (UNCITRAL) Model Law for International Commercial Arbitration. Therefore, the study resorted to the Rules on the Taking of Evidence in International Arbitration, the International Bar Association (IBA) has developed, which address the procedural controls for examination in a general sense. The authors also had recourse to the general procedural rules in the Jordanian law. The study concentrated on clarifying the legal basis of the procedural controls, the formality of preparing the inspection’s record, and the various procedural and financial stages of the inspection. The study also discussed the controls seeking assistance of the experts and witnesses in this respect. The study found that although the rules of the procedural controls of the inspection were not expressly provided, the failure to comply with such implied rules may expose the arbitral award to a procedural defect that may lead to the invalidity of such an award. Therefore, the study recommends that such controls should be regulated in the Jordanian Arbitration Law, the designated rules of each arbitration institution and centers and the UNCITRAL Model Law.