The Doctrine of Functus Officio and its Exceptions under the Arbitration Law of Jordan

Authors

Mosleh Ahmad Al Tarawneh, Al-Ahliyya Amman UniversityFollow
Jalal Mahmoud Al-Qhaiwi, Al-Ahliyya Amman UniversityFollow

Abstract

This study examines the doctrine of Functus Officio and its exceptions under the Jordanian Arbitration Law and its relation with the doctrine of res judicata. We will first shed the light on on the doctrine and the awards to which it apply. Then, we will examine the exceptions of the doctrine that alleviate the potential harshness of the doctrine. These exceptions are: correction of clerical error in the award, interpretation of ambiguities or obscurities in the text of the award and supplementation or the issuance of an additional award on matters or claims presented in the arbitral proceedings but omitted from the original award. We examined the common provisions that apply to all exceptions by virtue of Article 41 of the Jordanian Arbitration Law and the possibility of annulment. The study also examined the particular procedural and substantive provisions that apply to every individual exceptions. We concluded that the doctrine and its exceptions are legally and practically accepted, do not contradict with the res judicata doctrine and alleviate the annulment procedures within the ambit of exceptions. We also concluded that it is possible to set aside the awards issued in the exceptions under Articles 49 and 50 of the Jordanian Arbitration Law

Recommended Citation

Al Tarawneh, Mosleh Ahmad and Al-Qhaiwi, Jalal Mahmoud (2020) "The Doctrine of Functus Officio and its Exceptions under the Arbitration Law of Jordan," Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات: Vol. 23: Iss. 2, Article 1.
Available at: https://digitalcommons.aaru.edu.jo/albalqa/vol23/iss2/1