Joining Non-signatory Third Parties to Arbitration Agreements in Jordan

This research paper examines the legal framework of arbitration agreements in Jordan, focusing particularly on the controversial issue of involving non-signatory third parties in arbitration proceedings. The judiciary in Jordan has broadened the scope of arbitration clauses to encompass disputes involving parties not directly bound by a contract, igniting discussions about the clarity and enforcement of the Arbitration Law. The absence of extensive legal literature in Jordan has resulted in inconsistent legal practices and uncertainties in proceedings, underscoring the critical need for revisions to the Arbitration Law. By considering international conventions like the Model Law and the International Centre for the Settlement of Investment Disputes (ICSID) Convention, this paper proposes a more comprehensive legal structure that permits the addition and participation of third parties in arbitration agreements. It also explores the consequences of fundamental legal doctrines, such as the Doctrine of Privity of Contract, on arbitration agreements, with the goal of improving the legal framework for effective dispute resolution in both local and global settings. The study highlights the significance of a thoroughly documented legal literature in Jordan to guarantee a dependable legal environment conducive to domestic and international business. It scrutinizes a pivotal court ruling that extends the influence of arbitration clauses to non-signatory entities, stressing the necessity for precise comprehension of arbitration stipulations in construction contracts. In summary, this paper advocates for an all-encompassing legal system in Jordan that promotes equitable and effective dispute resolution by means of a detailed understanding of arbitration agreements and the inclusion of non-signatory third parties.