Arbitration Fees and Expenses and Controls of Determination

The Jordanian Arbitration Law No. 31 of 2001, along with its amendment No. 16 of 2018, addresses arbitration fees and expenses. Article 41/D (1, 2, 3) outlines how to determine the arbitrators' fees, their distribution, and how to handle the situation when one party fails to pay its share, assigning the second party to pay on their behalf. Once the final arbitration decision is issued, the arbitration fees and expenses are determined. The decision regarding these fees is subject to appeal before the competent court within fifteen days. However, the law does not comprehensively regulate this matter. Unless a written agreement exists, the issue falls outside the jurisdiction of the appeals court. This research explores the definition of arbitration fees from the perspectives of jurisprudence, the judiciary, and various legislations, focusing on the estimation of fees, especially in Ad-Hoc Arbitration. The Jordanian legislator has not provided specific principles for estimating these fees, which should also consider the arbitrator's experience and career length. In contrast, Institutional Arbitration has clearer criteria. The research concludes that the lack of specific legal provisions for judicial oversight over the arbitral tribunal's fee decisions has led to inconsistencies in judicial decisions by the Court of Appeal. Legislative intervention is needed to address these gaps in the law.