Judicial principles and studies
Request to Appoint a Referee: Spatial-Dependency Criterion in Article (35) Interpretation
The study examines a shift in judicial practice toward using spatial dependency to appoint a referee under Article (35), noting the impact on Amman Court of Appeal's competence in a fee-valued case.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study addresses interpretation of Article (35) of the Code of Civil Procedure, focusing on the shift from using the dependency tied to the appellate route to applying spatial dependency, as adopted by the Court of Cassation in its general panel decision No. (8331/2023) dated 26/2/2024, while leaving intact legal positions where referees had been appointed by prior judgments.
Summary
The Court of Cassation's general panel embraced the spatial-dependency criterion for appointing the referee. In the instance where the case was valued for fee purposes at (7001) dinars, the Magistrate Courts Law No. (15) of 1952 in force at the time rendered Amman Court of Appeal the competent body, whether judged by spatial dependency or by appellate dependency because the arbitrators' decision was appealable to that court. Given the timing of the competing decisions, the quashing of the appeal court's referral appointment and subsequent rulings by the Court of Cassation was deemed inconsistent with the law for failing to examine the cassation appeal on its merits and address its grounds, which calls for the general panel to reverse the previous cassation decision and consider the grounds substantively.
Practical significance
Adopting the spatial-dependency test affects how courts determine which forum appoints a referee, while not disturbing previously established judicial appointments. It also underscores the duty of the Court of Cassation to decide cassation appeals on their merits and respond to stated grounds before issuing an annulment. This content is a general educational summary and not a court text or legal advice.
Sources and references
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