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Archive for May 2017

The Doctrine of Separability in Arbitration Agreement


If the underlying contract has expired or is nullified, the arbitration clause remains valid. Arbitration clause is an additional agreement (accesoir) of the underlying contract. In accordance with the legal principle of additional agreement, the arbitration clause shall not exceed or is in contrary with the underlying contract. The existence of arbitration clause is only…

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Enforcement of International Arbitral Award in Indonesia


Arbitration Law gives authority to the Central Jakarta District Court to handle matters with respect to the recognition and enforcement of an international arbitral award. Arbitration is now a quite popular method of alternative dispute resolution among businesses. Arbitration law in Indonesia is regulated by Law Number 30 of 1999 on Arbitration and Alternative Dispute…

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Procedures of Dispute Resolution Through Arbitration That You Must Know


“Besides its numerous advantages of dispute resolution in arbitration, we believe that the arbitrator who is competent and an expert in the field of dispute is also an advantage.” The procedure of arbitration is different from handling civil cases in the district court. Arbitration is preceded by submitting a petition for arbitration, followed by request…

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Questioning the Pros and Cons of Arbitration in Indonesia

Arbitration is now a quite popular method of alternative dispute resolution among businesses. The rule of arbitration in Indonesia are regulated in Law Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution (hereinafter Arbitration Law). It is said in many literatures that the advantages of arbitration compared to judiciary are: Confidentiality of the matter…

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Two Conditions to Be Met in Setting Aside an Agreement Through Arbitration


It is common to find arbitration clauses in construction, real estate, transportation, or other commercial agreements which mandate the concerned parties to use arbitration as a method of dispute resolution. This brings consequences if any party wishes to set aside the agreement, it cannot be submitted to the court, but rather to the arbitration. This…

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