Abstract
Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce arbitral awards and the respective judicial supports to conduct arbitration within the jurisdiction.
Highlights
In today’s economic world, trade between countries or entities with different nationalities can be considered as customary practice
One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, on the procedure to enforce arbitral awards and the respective judicial supports to conduct arbitration within the jurisdiction
In the event when one of the arbitration parties has submitted the awards to be enforced at the relevant district court, but the counter-party believes that there have been mistakes or forgeries in the letters or documents submitted during the hearings, or one of the party discovered that decisive documents were being deliberately concealed, or a fraud was committed by one of the parties in dispute, the concerned party may submit an application for annulment to the Head of District Court as stipulated in article 70 of Law No.30/1999
Summary
In today’s economic world, trade between countries or entities with different nationalities can be considered as customary practice. Difficulties will occur in the methods adopted to resolve disputes in such transactions, due to different nationalities, separate laws governing both parties and reluctance of parties to resolve disputes through court in any particular country.3 To overcome such difficulties, arbitration is chosen and is becoming increasingly popular these days as stated by F.E Klein, ‘it is impossible to imagine modern economy without arbitration’.4. Indonesia has enacted Arbitration and Alternative Dispute Resolution Law of 1999 (“Law No.30/1999”) that governs all arbitration proceedings conducted in Indonesia and has ratified the New York Convention for international awards enforcement. It is still a rare case for Indonesia to be chosen as a seat of international arbitration. This paper will attempt to identify the rationale that is holding back Jakarta, Indonesia’s capital, as the preferred international arbitration seat
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
