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Arbitrase

Arbitration and Arbitration Settlement Procedure

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…

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COULD RECUSAL BE MADE FOR THE APPOINTED ARBITRATORS?

Labor Law in Indonsian, How Shareholders Dismiss the Company Director?

“Against the arbitrator who is not doing its duties freely nor siding with one party, the other party may submit a recusal on the arbitrator.” One of the problems that can arise when the process of dispute resolution through arbitration is about the impartiality or independence of the arbitrator appointed by both parties. Although it…

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THREE PROCEDURES OF INDUSTRIAL DISPUTE RESOLUTION YOU NEED TO KNOW

three-procedures-of-industrial-dispute-resolution-you-need-to-know

 “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…

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CAN MARK DISPUTES BE RESOLVED THROUGH ARBITRATION?

“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…

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HOW TO RESOLVE ENVIRONMENTAL DISPUTE IN INDONESIAN LAW

how-to-resolve-environmental-dispute-in-indonesian-law

“Environmental dispute settlement can be reached through the Court or out of Court” In some cases related to environmental dispute, Corporations are the most dominant subject as the perperator of the decreasing environmental quality in particular region or community. This condition cannot be separated from the corporation’s activity in exploiting large amount of natural recources…

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The Doctrine of Separability in Arbitration Agreement

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

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

procedures-of-dispute-resolution-through-arbitration-that-you-may-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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