About Commercial Litigation Law in Hashemite Kingdom of Jordan
Commercial litigation in the Hashemite Kingdom of Jordan refers to the legal process involved in resolving disputes that arise out of business and commercial transactions. This area of the law is governed by a blend of the Jordanian Civil Code, Commercial Law, special laws addressing commercial matters, and relevant international conventions to which Jordan is a party. Disputes may include contract disagreements, partnership or shareholder conflicts, debt collection, business torts, and more. The goal is to resolve conflicts either through court action or alternative dispute resolution, such as arbitration.
Why You May Need a Lawyer
Engaging a lawyer experienced in commercial litigation is essential for navigating the complex legal and procedural requirements of the Jordanian legal system. Common situations include:
- Breach of commercial contracts
- Disputes between business partners or shareholders
- Unpaid debts or financial disputes
- Issues concerning mergers, acquisitions, or dissolutions
- Disagreements involving commercial agencies or franchises
- Claims for damages or losses from business transactions
- Intellectual property disputes within a commercial context
Having a lawyer ensures your rights are protected, procedures are properly followed, and your interests are represented in negotiations or court.
Local Laws Overview
Jordan's legal framework for commercial litigation is built upon several key laws:
- Jordanian Civil Code - Governs general contractual obligations and liabilities.
- Commercial Code (No. 12 of 1966) - Specifically addresses commercial activities, negotiable instruments, and business obligations.
- Court System - Commercial disputes are typically handled by First Instance Courts or specialized commercial courts, depending on case value and subject matter.
- Procedural Laws - The Code of Civil Procedure outlines how claims are filed, evidence is presented, and judgments are enforced.
- Alternative Dispute Resolution - Arbitration is recognized and commonly used for international or high-value commercial disputes, governed by the Arbitration Law.
- Enforcement - Local judgments can be enforced through the Jordanian courts, while foreign judgments and arbitral awards have specific recognition procedures.
It is important to note that both the Arabic and English languages may be used in business, but all legal proceedings are conducted in Arabic and all documents must be submitted in Arabic or be officially translated.
Frequently Asked Questions
What is commercial litigation?
Commercial litigation is the process of resolving legal disputes that arise from business and commercial transactions. This can involve court cases, negotiations, or arbitration between businesses or between businesses and individuals.
Which court handles commercial disputes in Jordan?
Most commercial cases are filed with the First Instance Courts. For especially large or complex disputes, there are specialized commercial chambers within certain courts.
How long does commercial litigation usually take in Jordan?
The time needed depends on the complexity of the case, court schedules, and whether the case is appealed. Simple matters may be resolved in months, while complex disputes can take years.
Is it mandatory to try mediation or arbitration before going to court?
No, it is not mandatory unless the parties have agreed to such processes in their contract or if the law applicable to their dispute requires it. Arbitration is commonly used for cross-border and large-value business disputes.
Are foreign companies able to sue or be sued in Jordanian courts?
Yes, foreign companies can file lawsuits or be sued in Jordanian courts if the dispute is connected to business activities or assets located in Jordan.
What types of evidence are required in commercial litigation?
Typical evidence includes written contracts, invoices, correspondence, expert reports, electronic communications, and witness testimony. All evidence must be officially translated into Arabic if originally in another language.
What are the legal fees for commercial litigation in Jordan?
Legal fees vary by case complexity and lawyer experience. Court fees are calculated as a percentage of the claim value. Most lawyers require a retainer and may charge hourly or fixed fees.
Can a court order an injunction or freezing of assets?
Yes, Jordanian courts can order preliminary or provisional measures such as freezing assets if there is sufficient legal basis and urgency to protect interests pending the case's outcome.
How are foreign judgments or arbitral awards enforced in Jordan?
Foreign judgments and arbitral awards are recognized and enforced in Jordan if certain procedural conditions are met, including reciprocity and compliance with public order.
Can court decisions be appealed?
Yes, decisions of the First Instance Courts can be appealed to the Court of Appeal. The Court of Cassation, Jordan's highest court, may review legal issues raised in appeals from the appellate courts.
Additional Resources
- Jordanian Ministry of Justice - Oversees the judiciary and court procedures.
- Jordan Bar Association - Directory of licensed lawyers and legal information.
- Amman Chamber of Commerce - Offers business legal support and dispute resolution services.
- Jordan International Chamber of Commerce - Provides resources and institutional arbitration services.
- Public Notaries - For legal authentication and translation of documents.
Next Steps
If you are involved in a commercial dispute or believe litigation may become necessary in the Hashemite Kingdom of Jordan, consider the following steps:
- Gather all relevant documents and evidence related to the dispute, ensuring translations are available in Arabic if needed.
- Consult with a qualified commercial litigation lawyer who has experience in Jordanian law and, if necessary, international business dealings.
- Assess the possibility of resolving the dispute through negotiation, mediation, or arbitration before resorting to litigation.
- If litigation is pursued, ensure all deadlines and procedural requirements are observed to avoid delays or dismissal of your claim.
- Stay informed throughout the process and be prepared for the possibility of appeals or enforcement procedures.
Professional legal advice is essential to protecting your business interests and ensuring effective resolution under Jordanian law.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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