Al-Ahliyya Amman University
|Model International Construction Contracts
|This module thoroughly analyzes international model contracts used in the context of construction contracts all over the world like (FIDIC), (NEC) and (JCT), with extra focus on FIDIC, the most applied model contract worldwide. Therefore, it studies the legal nature of the contracts concluded in accordance with FIDIC, and also discusses FIDIC editions, applications and types. In addition, it explains obligations of contracting parties to FIDIC and the role and obligations of the Contractor during preparation, execution and delivery phases. It further discusses the role, obligations of the engineer in the contracting, execution and delivery stages. Also, the module addresses the role of the employer during the preparation, execution and delivery time. This module also addresses main principles related to subcontractors, employees, equipment and machines, as well as highlights the disputes arising in the context of launching and delay in the completion of the project. Moreover, it explains the cases where the examination and work were postponed, and addresses the variation orders, the contract value, and termination of contract by the employer and contractor. Further, it discusses responsibilities of each party, force majeure, act of God and their impact upon the execution of the contract, and also studies the rules related to claims in accordance to the principles of contract interpretation and the general and special terms of the contract. Finally, this module addresses the rules of Standard Contracting Book in Construction issued by the Ministry of Public Work and Housing in Jordan.
|Claims in Construction Contracts
|This module addresses the concept of claims in FIDIC contracts as to the definition of claim, distinction between claims and disputes, types of claims arising from construction contracts, claim?s parties and classification of claims under FIDIC contracts (Contract-based claims, law-based claims, employer ?s claims, Contractor?s claims, divisions of financial and time claims). Also, it addresses the elements of delay and responsibility of its parties, principles of variation order, means of claims? preparation, which must be clear and consistent with each other, and identifying the documents required to prove each type of claims.
|This module is aiming at Introducing the student to the basics, importance and role of legal scientific research and covering the various stage of scientific research preparation by addressing research ethics and methods of protecting intellectual property. Also, explains the structural framework of legal research, methodologies, citations and referencing in order to comply with requirements of model legal research. It further teaches the student how to prepare master?s dissertation in accordance with the regulations of High studies Deanship at Al-Ahliyya Amman University.
|Contracts Under the Jordanian Civil Code: Comarative Studies
|This module thoroughly, analytically and comparatively addresses the general provisions of the contract theory under Jordanian Civil Code. This can be achieved by analyzing the principle of Parties Autonomy and its legal restrictions applied in the context of the contractual relationship. This module also explains various kinds of contracts and discusses contractual intent, which can expressly or impliedly be derived from the contract. It further illuminates the provisions of agency as well as capacity of the agent that can entitle him to conclude a contract. In addition, it illustrates legal perspective of different jurisdictions in terms of Adhesion Contracts, e-contracting and e-signature. This module also emphasizes the significance of satisfying consent of contracting parties and its influence on the element of subject and reason of the contract, and also underlines the cases that render the contract void, null, terminated and voidable. Furthermore, it clarifies the cases of invoking exceptio inadimcpleti and its interpretation and implications as well as its exceptions due to force majeure exigent circumstances and contingent accident. Also, it throws lights on the legal and technical terminologies used in the contract whether in Arabic or any other language, and also explains the way of interpreting the terms of contract in case that the relevant languages are contradicted.
|Arbitration in Investment Disputes
|This module examines a special kind of arbitration arising of investment contracts under Washington Convention related to the settlement of disputes between foreigners and states ICSID. Therefore, it defines the International Center for Settlement of Investment Disputes ICSID and clarifying organizational principles of this center and its competences. This module addresses also arbitration agreement, formation of arbitral tribunal, requirements of the validity of its members, dismissal and challenging of arbitrators and their responsibilities, in addition to addressing the applicable law on investment disputes, issuance of arbitration award and its challenging, and essence of guarantees in the case of refusal of states to execute the awards issued by this center.
|Construction Contracts Under the Jordanian Civil Code: Comparative Studies
|This module addresses in depth- the main provisions related to all stakeholders in construction under the Jordanian Civil Code and other laws. Particular reference shall be paid to the role of the Architect, Engineer, Contractors and subcontractors comparing with other legal jurisdictions. This module focuses on the essence and formalities of construction contracts and also pointed out the distinction between this type of contracts and other contracts. Further, it illuminates implications, obligations of its parties and discussing possibility of amending these obligations to cope with requirements of scientific and technical technologies observed during the execution of the contract. It also highlights the legal rules that can guarantee the recovery in case of total or partial destruction or in case of observing defect exposing the durability or safety of the construction to a risk. Particular reference shall be paid to Decennial Liability.
|Arbitration in Construction Contracts
|This module thoroughly addressed the general theory of arbitration, as a common alternative dispute resolution applied in the context of construction contracts. Therefore, it discusses essence, nature and types of arbitration and also explains the meaning of arbitration agreement, which includes its validity, interpretation and implications. Further, it addresses formation of arbitral tribunal, requirements of the validity of its members, dismissal and challenging of arbitrators and their responsibilities. Also, explaining arbitral procedures of disputes as from the formation of arbitral tribunal. It focusses on formulation of the reference agreement and procedural conditions and framework of the arbitral dispute, which covers pleadings and submission of indictments, arguments and evidences and also explains the rules of holding and closing hearings. The module also addresses trial guarantees in front of arbitral tribunal, authorities of arbitral tribunal to issuing formulation of preparatory and interim decisions that all can be made before the issuance of the final judgement. It also explains formulation of the final judgment and its contents required by the designated legislations. It also illuminates arbitration rules under the rules of International Chamber of Commerce (ICC), UNCITRAL and Jordanian Arbitration Law.
|Advanced Studies in Arbitration in Construction Contracts
|Addresses relationship between stat?s courts and arbitration. This involves illustration of the role of these courts as an assistant and supporter to the arbitration before the issuance of arbitration award, which is performed through assigning arbitrators in case that the formation of arbitration board was incomplete due to some obstacles. This module also discusses the role of national courts to extending the duration of arbitration, challenging arbitrators and terminating their task. Further, it explains the role of courts as to the interim and temporary measures, also in terms of determining the amount of contested arbitral fees as well as regarding interpretation and amendment of arbitral award. In addition, it illuminates the supervisory role of state?s court on arbitration awards whether through direct control embodied in Action Annulment that might be based on nature, reasons, national and international implications, or it might be carried out through indirect control that can be performed in the context of executing national or international arbitral award. The module also focuses on New York Convention 1958 and Law of Executing Foreign Awards 1952.
|Advanced Studies in Dispute Avoidance and Dispute Resolution
|This module addresses the optimum routes of administrating construction contracts for the purpose of achieving an optimal execution and circumventing potential disputes. Further, it discusses the awards issued by Dispute Avoidance Board (DAB) and the procedures of avoiding disputes and boards of reviewing disputes. In addition, it examines ways of choosing proper formation of these Boards that should consist with the nature of dispute, and also discusses the agreement of dispute resolution, its elements and provisions as well as the routes of assigning and terminating the membership at these Boards. Moreover, this module discusses the decisions issued by those boards and the extent of its compulsory as well as the way of challenging them. Also, it explains the special rules related to alternative disputes resolutions in construction contracts, and addresses concept of the condition of multilevel disputes resolutions in such contracts. Further, the module addresses stage of dispute resolution and the role of Engineer in solving disputes, legal characterization of the engineer?s role in solving disputes and the extent to which its decision is biding, as well as ways of challenging them. In addition, it addresses the boards of disputes resolutions, arbitration agreement, appointing and termination of its members and also the disagreement on their appointing module, and discussing the decisions issued by those Boards as well as the way of challenging them. It also examines the special rules related to amiable settlement, negotiation, mediation and conciliation.
|The Jordanian Law of Civil Procedures
|Mediation in Construction Disputes
|Award Drafting (course delivered in English)
|The Jordanian Company Law
|principles of Jordanian Companies Law. It examines the key principles of companies, which includes its definition, types and resource of its rules, as well as the way of administrating and establishing the companies. It also discusses termination and restructuring of these companies, and also highlights characteristics and requirements of establishing each company, as well as discussing implications of acquiring its legal personality and rules of termination, merger and liquidation. It also addresses the legal provisions of partnerships: Unlimited Partnership Co., Limited Partnership Co., Joint Venture Co. as well as address the legal provisions of investment companies: Joint stock Company, Limited Liability Company, Partnership Limited by Shares, Holding and Foreign Companies.
|Legal Terminology in Arbitration
|This module teaches students how to recognize and understand terminologies used in the context of the arbitration undertaken in English language. This covers all stages of arbitration and aimed at equipping students with the required English terminologies that might be incorporated in the documents used in arbitration such as arbitration agreement, reference terms, contents of award and all arbitral procedures.
|Advanced Comparative Studies in the Jordanian Law of Evidence
|This module discusses -in depth- evidence rules applied in the context of arbitration in construction contracts. This embraces law-based rules like that which are derived from Jordanian Civil Code, Evidence Law, Code of Civil Procedure, also includes that which are derived from international resources such as the institutional arbitration rules or that which are prepared though international professional institutions such as IBA Rules of Evidence. Through this module, analysis will be applied in order to clarify concepts of proof, norms of burden of proof, objective and formal rules of proof. This incorporates the key common evidences used within engineering disputes, which can be achieved by studying the special legal rules related to the evidence like Contemporaneous Documents and Fact Witnesses and the extent of its evidential weight. Further, it studies way of proofs under Evidence Law, aspects of challenging such evidences and illuminating arbitrators? authorities to weighing evidences in this regard.