TITLE:
Critical Analysis of Granting Interim Measures in Arbitration in the Context of Jordan Arbitration Law No. 16. 2018
AUTHORS:
Mohamed Fahmi Ghazwi, Mash’al Jarrah, Medyen J. Mahasneh
KEYWORDS:
Arbitration, Interim Measures, Arbitral Tribunal, National Court, Jordan
JOURNAL NAME:
Beijing Law Review,
Vol.10 No.4,
September
30,
2019
ABSTRACT: Current arbitration laws and rules assume that national court and the Tribunal coexist together in terms of their granting of interim measures particularly in international cases of arbitration. This paper attempted the stance of Jordan Arbitration Law 2018 on granting interim measures during arbitration by providing a discussion of the entity in authority in the country that grants such measures. The study used a major approach namely qualitative based on exploratory method with minimal usage to comparative analysis in order to benefit from those states in the point of granting of interim measures. Data were gathered from libraries and published reports and the research found that the major power that grants interim measures in Jordan is the National Court with the least authority held by the tribunal—a power that should be enumerated in the arbitration agreement.