KLAUSULA ARBITRASE DAN ITIKAD BAIK PARA PIHAK SEBAGAI DASAR PENYELESAIAN SENGKETA BISNIS INTERNASIONAL

Abstract

When the parties have agreed to choose arbitration as the dispute resolution agency, the district court must refuse to examine and adjudicate on the dispute, if one party brings the dispute resolution to the district court. However, in practice there are those who still choose to use the path of the judiciary. Among them is the case of Decision Number 410 / Pdt.G / 2011 / PN.Jak.Pst. and 534 / Pdt.G / 2011 / PN.Jkt.Sel although with different decision results. Based on the reality of this practice, this paper intends to examine whether the decision number 410 / Pdt.G / 2011 / PN.Jak.Pst can be deemed as International Civil Law and whether the action as the object of disputes in the Case Number 410 / Pdt.G / 2011 / PN.Jak.Pst is an unlawful action. Cases that are settled in a district court regardless the clause that states that in the case of dispute, it will be settled arbitrarily by the parties, then the decision produced by the District Court is not an international civil law. Actions which are subject to dispute in the Case Number 410 / Pdt.G/2011/PN.Jak.Pst are not unlawful acts. The absolute competence of arbitration is that a case arising from the agreement itself is not an act that is regulated outside the agreement even though there is a clause stating that if there is a dispute it will be settled arbitrarily. When the parties no longer have a good intention to settle the dispute through arbitration, then this becomes the authority of the district court. Keywords: International Business Dispute Arbitration Clause.