Arbitration in disputes of electronic banking operations in Jordanian law.

10.2478/bjlp-2022-007027

Abstract

The study focused on explaining the nature of arbitration in disputes of electronic banking operations and the problems of its implementation, given the importance that banks enjoy and the special nature of the disputes that arise from them. In particular, electronic banking operations raise many legal problems, especially in light of the absence of specialized legislative texts and the extension of these electronic banking operations between countries. Therefore, it was appropriate to resort to commercial arbitration as an effective and appropriate method for the special nature of electronic banking operations and the resulting disputes, and based on what The researcher has previously reached a set of results, the most important of which is that arbitration in banking disputes is subject to the general rules contained in the national and international legislation regarding the appointment of arbitrators and the implementation of the arbitration decision due to the absence of agreements and rules for bank arbitration with the exception of the few centers for bank arbitration, which are spread in some countries. Accordingly , the Jordanian legislator and comparative researcher recommended the establishment of an experienced mediation and reconciliation commission affiliated to the Central Bank, which would have its own system similar to many international bodies, as is the case in England.