While the existence of an arbitration clause prohibits any party from filing the dispute to the District Court, Indonesian laws stipulate that any dispute related to bankruptcy can and must be settled before the Commercial Court
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Day: June 26, 2024
Arbitration as Alternative Dispute Settlement in the Capital Market
“ Arbitration as an alternative dispute settlement forum has unique characters that consider more beneficial to the business actor than dispute settlement in the court.” In Indonesia, legal disputes can be settled in or outside the court. The process of dispute settlement in court is usually referred to as litigation, while the process of dispute […]
Types of Dispute Resolution in Indonesia
In an attempt to accommodate specific needs of contracting parties, Indonesian law provides multiple methods of dispute resolution to ensure maximum effectivity and welfare.” In Indonesia, the methods of dispute resolution can be divided into two categories based on the method of dispute resolution carried out within the court of justice shall be referred to […]
Differences Between Negotiation and Mediation from Indonesia Dispute Resolution Law Perspective
“In general, alternative dispute resolution options can be grouped into two, one which uses assistance of a 3rd party and one which doesn’t. Mediation belongs to the first group, while negotiation belongs to the later.” It is commonly known that when two parties have a legal dispute, they could settle it in court. However, there […]