Tag: Arbitration

Arbitration as Alternative Dispute Settlement in the Capital Market

Arbitration as Alternative Dispute Settlement in the Capital Market 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 […]

Reasons and Procedure for Annulment of Arbitral Award

Reasons and Procedure for Annulment of Arbitral Award Reasons and Procedure for Annulment of Arbitral Award

An application to annul an arbitral award may be made if the award is alleged to contain the following elements: (a) letters or documents submitted in the hearings which are admitted to be forged or are declared to be forgeries after the award has been rendered; (b) documents are found after the award has been […]

Industrial Relations Dispute Settlement in Indonesia

Industrial Relations Dispute Settlement in Indonesia Industrial Relations Dispute Settlement in Indonesia

Industrial relations disputes are differences of opinion that result in conflict between employers or a combination of employers and workers/labor unions. These disputes are due to disputes regarding rights, disputes over interests, disputes over the termination of employment, and disputes between unions within one company. There are mediums to resolve industrial relations disputes can be […]

Differences between Arbitration Agreement and Arbitration Clause

Differences between Arbitration Agreement and Arbitration Clause Annual GMS of Limited Liability Company (PT) in Indonesia

“While arbitration clause is included within a written agreement between the parties, an arbitration agreement is an agreement made after a dispute has arisen between the parties. Without any arbitration clause or arbitration agreement, the dispute shall be settled by the district court by default.” Arbitration is a way of settling a civil dispute outside […]

Execution Procedure of BANI Arbitral Award

Execution Procedure of BANI Arbitral Award Execution Procedure of BANI Arbitral Award

“While BANI Arbitral Award is legally executable upon rendering, there are multiple instances wherein the parties fail to execute the arbitral award voluntarily. Should this be the case, the arbitral award can be requested to be executed by the competent District Court.” Legal Basis of Arbitration in Indonesia Pursuant to Law No. 30 of 1999 […]

A Guide to Arbitration Proceeding in Indonesia

A Guide to Arbitration Proceeding in Indonesia A Guide to Arbitration Proceeding in Indonesia

“In accordance with the prevailing laws in Indonesia, an arbitration proceeding can be broken down into multiple steps. Such steps are essential to be understood by business actors in order to determine the forum of settlement desired should a civil dispute arise  therebetween.” In Indonesia, civil disputes can be settled through multiple ways. Generally, any […]