The Judicial and Administrative System in Jordan: An Overview for International Clients

Jordan is a civil law jurisdiction with a codified legal system. The Constitution of 1952, as amended, establishes the principle of separation of powers and provides for an independent judiciary. For multinational companies and foreign investors, understanding the structure and jurisdiction of Jordan’s courts is essential to evaluating risk and dispute resolution strategies. 

Judicial Authority : Ordinary Courts 

The ordinary judiciary has jurisdiction over civil and criminal matters. Its structure is three-tiered: 

1. Magistrates’ Courts Governed by the Magistrates’ Courts Law. Jurisdiction over small claims, misdemeanors, tenancy disputes, and civil matters up to a statutory monetary threshold. 
2. Courts of First Instance. Have general jurisdiction over civil and commercial disputes exceeding the jurisdictional limits of the Magistrates’ Courts. Act as appellate courts for judgments of Magistrates’ Courts. 
3. Courts of Appeal. Located in Amman and other three major governorates. Hear appeals from Courts of First Instance and certain direct matters provided by law. 
4. Court of Cassation (Supreme Court). The highest judicial authority in Jordan. Its jurisdiction includes final appeals in civil, commercial, and criminal cases, as well as unifying judicial interpretation. Its decisions are binding on all lower courts. 

Public Prosecution 

The prosecution system operates under the Ministry of Justice and the Juduicial Council. Public prosecutors initiate and supervise criminal proceedings before the courts. 

Specialized Courts 

1. The High Criminal Court Handles serious felonies and certain corruption matters. 
2. The Tax and Customs Courts, Established under the Tax Law and Customs Law, hear disputes between taxpayers/importers and the tax/customs authorities. 
3. Labour Courts, Established under the Labour Law. hear specific employment disputes, and collective labour conflicts. 
4. State Security Court. Major Economical Crimes, Drugs smuglling and use, threat of national security..etc.  

Administrative Judiciary 

The Administrative Court, has jurisdiction over disputes involving public administration and regulatory authorities. 

First Instance Administrative Court: hears challenges to administrative decisions, such as licensing refusals, regulatory sanctions, or government tenders. 

High Administrative Court: acts as an appellate body reviewing decisions of the Administrative Court. 

The administrative judiciary is a critical avenue for foreign investors challenging decisions of ministries, regulators, and municipalities. 

Constitutional Court 

Established under the Constitutional Court Law No. 15 of 2012, the Constitutional Court has the power of judicial review of laws and regulations for compliance with the Constitution. 

Only designated authorities (e.g., Parliament, Council of Ministers, and courts) may refer matters to it. Its judgments are binding and final. 

Arbitration and Alternative Dispute Resolution 

Jordan has a developed framework for arbitration under the Arbitration Law No. 31 of 2001. Jordan is also a party to the New York Convention (1958), ensuring recognition and enforcement of foreign arbitral awards, subject to public policy exceptions. 

Mediation and conciliation are also encouraged in commercial disputes, though arbitration remains the preferred mechanism for cross-border contracts. 

Key Considerations  

1. Civil law tradition: litigation is based on codified statutes rather than precedent, though Cassation Court judgments provide persuasive guidance. 
2. Procedural timelines: commercial litigation can be lengthy, often involving multiple appeals. Arbitration clauses are advisable in significant contracts. 
3. Administrative review: foreign investors can challenge regulatory decisions before the Administrative Court, an increasingly important safeguard given Jordan’s licensing and concession-based economy. 
4. Judicial independence: enshrined in the Constitution. 

Conclusion 

Jordan’s judicial and administrative system provides a comprehensive framework for dispute resolution and regulatory review. For international companies, understanding the division between ordinary courts, specialized tribunals, and the administrative judiciary is essential for planning dispute resolution strategies. Arbitration remains the preferred choice for cross-border contract. 

Jaradat Lawyers represents clients before all levels of Jordanian courts and administrative authorities and has extensive experience in both litigation and arbitration.