Meaning of Foreign Judgments and Foreign Arbitral Awards
For the purposes of Jordanian law, a foreign award, as defined under Article 2 of the Foreign Awards Law, includes both foreign court judgments issued by courts outside the Hashemite Kingdom of Jordan and foreign arbitral awards rendered pursuant to arbitration proceedings seated outside Jordan or otherwise considered foreign under applicable legal criteria.
Such awards do not have automatic legal effect in Jordan. Instead, they must first be recognised and enforced through the Jordanian courts before they may be executed against assets or parties located within the Kingdom. Advising on this distinction is often a key preliminary step undertaken by Al Khair Legal Attorneys when assessing enforcement prospects.
Applicable Legal Framework
The Foreign Awards Law constitutes the principal domestic legislation governing enforcement. It establishes the procedural route, jurisdictional rules, and substantive conditions that must be satisfied before a foreign judgment or arbitral award may be enforced in Jordan.
In parallel, Jordan’s accession to the New York Convention imposes binding international obligations specifically with respect to foreign arbitral awards. As a result, arbitral awards benefit from an additional layer of protection and predictability under international law, a feature that is particularly relevant for foreign investors and cross-border commercial parties.
Conditions for Enforcement under Article 7 of the Foreign Awards Law
Article 7 of the Foreign Awards Law sets out the core conditions that must be satisfied for enforcement. In summary, the Jordanian court must be satisfied that:
1) Jurisdiction of the foreign court or tribunal: The issuing court or arbitral tribunal must have had jurisdiction in accordance with the rules of international jurisdiction recognised by Jordanian law, both geographically and in terms of subject-matter competence. Decisions issued by administrative or non-judicial bodies fall outside this scope. Enforcement may be denied if the defendant neither resided nor carried on business within the jurisdiction of the issuing court, did not voluntarily appear before it, and did not acknowledge its jurisdiction.
2)Finality and enforceability of the award: The foreign judgment or arbitral award must be final and binding, and no longer subject to ordinary means of appeal or challenge in the country of origin.
3) Proper service and due process: The defendant must have been duly notified of the foreign proceedings and afforded a genuine opportunity to present a defence.
4) Reciprocity (for foreign court judgments): In the case of foreign court judgments, reciprocity must exist between Jordan and the issuing state, meaning that Jordanian judgments would be enforceable in that jurisdiction under similar circumstances.
5) Compliance with Jordanian public order and morals: The content of the award must not contravene Jordanian public policy or public morals.
6) Absence of conflicting Jordanian judgments: The foreign award must not conflict with a prior Jordanian judgment issued between the same parties concerning the same subject matter.
These conditions confirm that the Jordanian courts exercise a supervisory, rather than substantive, role in enforcement proceedings.
Jurisdiction and Commencement of Enforcement Proceedings
Once the above conditions are satisfied, enforcement proceedings are initiated by filing a case before the Court of First Instance, pursuant to Article 3 of the Foreign Awards Law.
Jurisdiction is determined as follows:
- If the defendant resides in Jordan, jurisdiction lies with the Court of First Instance of the defendant’s place of residence.
- If the defendant does not reside in Jordan, jurisdiction lies with the Court of First Instance within whose territorial jurisdiction the defendant’s assets are located.
This structure ensures practical enforceability by linking jurisdiction to either the defendant or the assets targeted for execution, an issue frequently addressed in enforcement strategies developed by Al Khair Legal Attorneys.
Procedural Requirements
The claimant seeking enforcement must submit:
- A certified copy of the foreign judgment or arbitral award; and
- Where the award is not issued in Arabic, a certified Arabic translation.
Upon filing, the defendant is formally notified and given the opportunity to contest enforcement, strictly within the limits permitted by law. The role of the Jordanian court at this stage is narrowly defined.
The court is expressly prohibited from:
- Re-examining the merits of the foreign judgment or arbitral award;
- Reviewing factual findings or legal reasoning; or
- Modifying the substance of the award.
Its review is confined to verifying whether the statutory conditions for enforcement are met. If satisfied, the court issues a judgment granting enforcement, after which the foreign award may be executed in Jordan as if it were a domestic judgment.
Enforcement of Foreign Arbitral Awards and the New York Convention
In addition to the Foreign Awards Law, Jordan’s accession to the New York Convention significantly strengthens the enforceability of foreign arbitral awards. Under the Convention, Jordan undertook to recognise and enforce such awards, subject only to the limited grounds for refusal exhaustively listed in Article V.
In practice, Jordanian courts interpret and apply the Foreign Awards Law in a manner consistent with the Convention. This alignment ensures that domestic enforcement proceedings reflect international arbitration standards, including the principle of minimal judicial intervention—an approach that reinforces Jordan’s reputation as an arbitration-supportive jurisdiction.
Conclusion
Jordan offers a coherent and arbitration-friendly framework for the enforcement of foreign judgments and arbitral awards. The combined operation of the Foreign Awards Law No. (8) of 1952 and the New York Convention provides legal certainty, procedural clarity, and judicial restraint. This dual framework enhances confidence among foreign investors and contracting parties and underscores Jordan’s commitment to international dispute resolution standards.
With extensive experience in cross-border disputes and enforcement proceedings, Al Khair Legal Attorneys remains well positioned to advise clients on the recognition and enforcement of foreign judgments and arbitral awards in Jordan, from initial assessment through to execution.