Arbitrase

Many people often raise concerns about the complicated litigation process for dispute settlement in court. In general, the complexity of litigation in court illustrates the complexity of the bureaucracy in Indonesia. Although the Government has made improvements in many sectors, numerous complaints regarding the litigation process in court still exist until now. Therefore, one of…

 “Well, I just found out that if there is a procedure to lay off employees. The foreign investor hasn’t found it out yet, Sir.” Said one of our Client, a director of foreign investment company. In principle, the community is deemed to know the Law when it is published. We will not discuss about the…

“Mark is a property right which has the absolute right as a base to file a lawsuit for trademark infringement, including a lawsuit to the arbitration forum in Indonesian National Arbitration Board (BANI).” Mark is one of the important things on a product made by the company. Mark can be a plus for a product…

There is a conflict between arbitration clause and clause of litigation through the district court in a single agreement. Which one is applicable? In a cooperation agreement on the apartment construction, we found an arbitration clause and a clause of litigation through the district court at the same time. Both parties agree to choose arbitration…

“Environmental dispute settlement may be done through third-parties services, whom it does not have the authorities to adjudicate (mediator) or have the authorities to adjudicate (arbitrator)” Before further discussion in this article, it should be understood of what is the environmental dispute? As stated in Article 1 number 25 of Law No. 32 of 2009…

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…

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…

“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…