Despite the novelty of adopting arbitration clauses by the Jordanian legislator as a tool to resolve disputes, and despite expansion in this field, this indeed led to developing a business transactions system, which positively affected the promotion of the Jordanian economy through the resolution of disputes arising between investors within the required time frame. This expansion could be a threat to arbitrating parties who, with an arbitration clause omitting the reference to courts, the latter providing securities that arbitrating parties cannot avoid this risk unless they are aware of the results of contracting to an arbitration clause, which means omitting the option of referring to courts going through arbitration proceedings, starting with the appointment of an arbitral tribunal, until the issuance of the arbitration verdict. Thus this condition becomes a means of pressure in favour of the powerful party in contracting, since the weaker party, in anticipation of contracting, accepts all the terms and conditions stipulated in the contract without discussing the stipulations of the arbitration clause on how to appoint the arbitrators, the method of arbitration, and the procedures adopted in arbitration, etc., which are usually endorsed by the stronger party in his favour, which harms the interests of the weaker party.
Business Law Review