Abstract
Arbitration is a method of resolving civil disputes other than in a general court based on an arbitration agreement and made in writing by the disputing parties. For international arbitral awards, there are several requirements that must be met before the decision can be applied for execution and obtain an exequatur in Indonesia, one of which is that the decision does not conflict with public order. However, in several court decisions in Indonesia, this requirement became one of the judges' arguments against the implementation of the decision. The questions in this study are (i) what are the judges' considerations in rejecting the application for the exequatur of an international arbitral award? And (ii) what are the legal implications governing the implementation of international arbitral awards in realizing fair legal certainty? The research method used is the socio-legal method. The results show that the judge's legal considerations regarding what is meant by “public order” among judges also vary. In addition, several articles in Law no. 30 of 1999 is the base of uncertainty regarding the implementation of the international arbitration award in Indonesia which has implications for the collapse of legal certainty in the implementation of the international arbitration award.
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.
